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HomeMy Public PortalAbout19-9661 Appointing Burnadette Norris Weeks as City AttorneySponsored by: City Commission RESOLUTION NO. 19-9661 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPOINTING BURNADETTE NORRIS-WEEKS, PA AS CITY ATTORNEY AND DIRECTING THE CITY MANAGER TO EXECUTE THE RETAINER AGREEMENT (EXHIBIT "A") BETWEEN THE CITY OF OPA-LOCKA AND BURNADETTE NORRIS- WEEKS, PA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, The City Commission of Opa-locka, Florida, published Request for Proposals (RFP) No. 19-0313100 for City Attorney Legal Services; and WHEREAS, the City Commission conducted interviews of the top three candidates as recommended by the Selection Committee; and WHEREAS, The City Commission of Opa-locka, Florida, selected Burnadette Norris -Weeks, PA as the successful proposer and directed attorney Stephen Hunter Johnson, Esq. of Lydecker Diaz to negotiate the terms and conditions of the retainer agreement the City and Burnadette Norris -Weeks, PA, which has been done and completed. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City hereby appoints Burnadette Norris -Weeks, PA as City Attorney. Section 3. The City Manager is hereby directed to execute the retainer agreement (EXHIBIT "A") between Burnadette Norris -Weeks, PA, and the City of Opa-locka. Section 4. This resolution shall take effect immediately upon adoption. Resolution No. 19-9661 Section 5. This Resolution shall take effect immediately upon adoption, and is subject to the approval of the Governor of the State of Florida or his designee. PASSED AND A Attest to: f \ OPTE I this 22nd day of May, 2019. J�dnna Flores a City Clerk Moved by: Seconded by: Commissioner Vote: Commissioner Kelley: Commissioner Burke: Commissioner Bass: Vice Mayor Davis: Mayor Pigatt: Matthew A. Pigatt Mayor Approved as to form and legal sufficiency: Jf Stephe unter JoIi ,sdn, Esq. Ly cke Diaz Sp ial utside Counsel COM.1VIISSIONER KELLEY VICE MAYOR DAVIS 4-0 YES NOT PRESENT YES YES YES PROFESSIONAL SERVICES CONTRACT THIS PROFESSIONAL SERVICES CONTRACT ("Professional Services Contract") is hereby made and entered into, in duplicate, in Miami -Dade County, Florida, this th day of May 2019, by and between the City of Opa-Locka, Florida, hereinafter referred to as "City," being party of the first part, and the law firm of Burnadette Norris -Weeks, PA, hereinafter referred to as "Attorney," being party of the second part. RECITALS: WHEREAS, the City is required by its City Charter to enter into a contract with the City Attorney; and WHEREAS, by a majority vote of the City Commission and following a procurement process soliciting a qualified firm, Attorney was selected as the City Attorney subject to contract negotiation at a Special Meeting held on May 6, 2019; and WHEREAS, On May 6, 2019 the City Commission formally selected Attorney pursuant to RESOLUTION NO. 19-9650 passed by the City Commission. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained and the mutual exchange of other good and valuable consideration, the receipt of which is hereby acknowledged, it is mutually agreed and covenanted as follows: 1.0 ENGAGEMENT OF PROFESSIONAL SERVICES. City hereby agrees to engage and Attorney agrees to perform the professional legal services pursuant to RFP NO:19-0313100 and in accordance with all applicable provisions of Florida law. 2.0 SCOPE OF SERVICES. City and Attorney agree that the legal services provided by Attorney shall be general legal services as set forth in the City's request for RFP NO: 19-0313100, § 1.1 and § 1.2 paragraph, attached and incorporated hereto as Exhibit "A". 3.0 TERM; TERMINATION. This Agreement shall take effect on the date of execution and shall continue as set forth in the City Charter. If not otherwise inconsistent with the City Charter, the parties agree that either party may terminate this Agreement with or without cause, with thirty (30) days written notice in advance. 4.0 PAYMENT FOR PROFESSIONAL SERVICES RENDERED. Full payment and compensation for Attorney's professional services rendered pursuant to this Professional Services Contract shall be $16,000.00 per month for legal services for general legal work performed by Attorney. 1 For litigation matters, attorney time shall be billed in 1/10 of an hour increments as follows: • Federal, Circuit Civil and Administrative Litigation: $225.00 per hour. • County Civil Litigation: $200/hour. Attorney time shall be billed at the same rate without regard to whether the work performed is performed by a partner or an associate attorney. Non -attorney time shall be at no charge to the City. For all litigation, Attorney shall prepare a proposed budget within 60 days of any such litigation activity which shall remain on file with Attorney and be made available to City, or any third party, at any time upon reasonable notice. City Attorney shall ensure that any such budget is updated as necessary. Billed time shall be reasonably specific and limited to a single task. "Block" billed entries shall be prohibited. City Attorney shall reasonably staff each litigation matter and shall take care to ensure no unnecessary duplication of efforts. Best efforts shall be made to ensure that all invoices shall be submitted to City at the earliest available time. City reserves the right to audit City Attorney's litigation invoices. In the event of termination, Attorney shall be entitled to such approved compensation as shall have accrued to the end of the month terminated. 5.0 COSTS AND EXPENSES: Consistent with the City Charter, in addition to professional legal services, Attorney's billing statements shall include out-of-pocket expenses advanced or incurred on City's behalf. Advanced costs generally will include reasonable expenses for such items as copies, filing, recording, certification, and registration fees charged by governmental bodies, , extraordinary telephone charges, courier services, computer research fees, , and court reporter charges. The foregoing reimbursement of costs and expenses to Attorney are not fees for services as contemplated under this Professional Services contract. Attorney may also request these costs be paid directly by the City to the billing party rather than on a reimbursement basis. The City shall not be billed for, nor pay costs of local travel, meals, ordinary facsimile charges orordinary telephone charges,. The City shall also not pay for, nor be billed for costs for videographers, courier services or any other Courtroom technology unless such costs are approved by the City in advance. Whenever practicable, City Attorney will obtain advance authorization from City before incurring costs in excess of $2,500.00. 6.0 ATTORNEY INDEPENDENCE. It is important that Attorney be independent and impartial in order to properly perform and provide professional services to City. Attorney shall not act as counsel in any lawsuit or other adversary proceeding in which City is named as an adversary party. 7.0 INDEPENDENT CONTRACTOR RELATIONSHIP. Nothing contained in this Professional Services Contract or any document executed in connection herewith, shall be construed to create an employer -employee relationship, partnership or joint venture relationship between City and Attorney. Attorney is an independent contractor and not an employee of City. The consideration set forth in Professional Services 2 Contract shall be the sole consideration due Attorney for the services rendered hereunder. It is understood that City will not withhold any amounts for payment of taxes from the compensation of Attorney hereunder. 8.0 NOTICE. Whenever either party is required to give notice to the other, such notice shall be delivered by United States mail, return receipt requested or by hand delivery addressed to the party for whom it is intended at the place specified by this paragraph. The place for giving notice shall remain the same as set forth in this Professional Services Contract, unless changed in writing and provided in the manner provided by this paragraph. The parties designate the following, City Mayor or successor, as the effective persons and place for providing notice to the other: OPA-LOCKA: Matthew Pigatt, Mayor City of Opa-Locka 780 Fisherman Street, 4th Floor Opa-locka, FL 33054 Or hand -delivery at the official city administrative office ATTORNEY: Burnadette Norris -Weeks, P.A. Burnadette Norris -Weeks, Esq. 401 N. Avenue of the Arts Fort Lauderdale, Florida 33311 9. INDEMNIFICATION AND INSURANCE: City shall not be liable for the negligent acts or omissions of City Attorney or those of City Attorney's agents, servants, and employees. The Attorney agrees to indemnify and save harmless the City, its officers, agents, and employees from and against any and all liability, claims, demands, damages, fines, fees, expenses, penalties, suits, proceedings, negligent actions, and costs of action, including attorney's fees for trial and an appeal of any kind and nature arising or growing out of or in any way connected with the negligent acts or omissions of the Attorney, its agents, servants, employees in the performance of this Agreement.. City Attorney shall maintain during the term of this contract, and all renewals and extensions thereof insurance in at least the minimum amounts as follows: i. Professional Liability: $1,000,000 per occurrence; $1,000,000 aggregate. (Aggregate Limits are per 12-month policy period.) Attorney shall furnish certificates of insurance as soon as practicable, but not later than thirty days (30) following the City Commission vote approving this Agreement. 3 10. COMPLIANCE WITH LAW: City Attorney shall comply with all federal, state and local laws and ordinances applicable to the services and shall not discriminate on any illegal basis in the performance of the services. 11. RECORDS COMPLIANCE. City Attorney shall: (i) Keep and maintain public records required by the public agency to perform the service. (ii) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. (iii) Comply, to the extent applicable, with statutes and regulations governing the retention and distribution of public records. 12. MISCELLANEOUS: This Professional Services Contract sets forth the entire agreement between the parties hereto. Any prior oral conversations or writings are merged herein and extinguished. No subsequent amendment to this Contract shall be binding unless reduced to writing and properly signed and executed by both parties. This Professional Services Contract shall be governed by the laws of the State of Florida. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. To the extent that there is any conflict between the terms of this Agreement and the language of RFP NO: 19- 0313100, the Agreement shall control. IN WITNESS WHEREOF, the parties have caused this Professional Services Contract to be executed this __ day of May, 2019. THIS SPACE IS INTENTIONALLY LEFT BLANK 4 CITY OF OPA-LOCKA ATTEST: BY: City Clerk Newall Daughtrey, Interim City Manager WITNESSES: ATTORNEY BY: Burnadette Norris -Weeks, Esq. For Bumadette Norris -Weeks, P.A. 5