HomeMy Public PortalAbout15-8952 Approving Contract for Legal Services w/ the Brown Law GroupSponsored by: Commissioner Pinder
RESOLUTION NO. 15-8952
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA LOCKA, FLORIDA, APPROVING
CONTRACT FOR LEGAL SERVICES WITH THE BROWN
LAW GROUP; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, On March 4, 2015, the City Commission unanimously voted to
hire the Brown Law Group as the City Attorney for the City of Opa- locka; and
WHEREAS, the City Commission desires to approve a contract setting for the
terms and conditions of the Brown Law Group's services; and
WHEREAS, the City Commission has reviewed Exhibit "A" to this
Resolution, which is the contract for Legal Services between the Brown Law Group
and the City of Opa- locka; and
WHEREAS, the City Commission hereby approves the attached contract and
directs the Mayor to execute this contract on behalf of the City Commission.
NOW THEREFORE BE IT RESOLVED THAT THE CITY COMMISSION
FOR THE CITY OF OPA LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference;
Section 2. The City Commission approves the attached contract and directs
the Mayor to execute the contract on behalf of the City of Opa -locka which
shall be modified to include a ninety (90) day probation period.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 30th day of March, 2015.
Resolution No. 15 -8952
Attest to:
Moved by: Commissioner Santiago
Seconded by: Commissioner Pinder
Commissioner Vote: 4 -1
Commissioner Kelley: No
Commissioner Pinder: Yes
Commissioner Santiago: Yes
Vice Mayor Holmes: Yes
Mayor Taylor: Yes
Myr L. aylor
Mayor
Approved as to form and legal sufficiency:
The Brown Law Group, LLC
City Attorney
CITY ATTORNEY RETAINER AGREEMENT
THIS AGREEMENT ( "AGREEMENT ") is made this day of March, 2015, by and between
the BROWN LAW GROUP (LAW FIRM) and THE CITY OF OPA LOCKA (CITY).
WHEREAS, LAW FIRM is a Florida professional association, consisting of duly licensed
Florida attorneys with certain general and specific knowledge necessary for the practice of law in
the State of Florida; and
WHEREAS, THE CITY is municipality within the State of Florida chartered to govern in
Florida within certain geographical boundaries and, who is required as a part of that charter, to
engage qualified persons to act fulfill the role of City Attorney and desires to engage a law firm
to fulfill the duties of City Attorney; and
WHEREAS, LAW FIRM agrees to perform the functions of City Attorney for THE CITY;
NOW THEREFORE, in consideration of the mutual undertakings and covenants herein
contained, LAW FIRM and CITY hereby covenant and agrees as follow:
1. TERM: The term of this AGREEMENT shall be for two (2) years from the date of
commencement, with the City's option to renew for one additional year on each
anniversary date.
2. LEGAL SERVICES: To include all City Attorney Services, including attending meetings
of the City Commission, Zoning, Planning and Code Enforcement and CRA Boards and
Personnel Appeal Hearings, as well as providing legal advice expected of a City Attorney
and handling the City's Litigation and Special Projects outside the scope typically
expected of a City Attorney. The Brown Law Group will, at all times, provide Attorney
Vincent Brown to serve as City Attorney, and The Brown Law Group and Vincent
Brown may at its /his discretion appoint an assistant to perform Deputy City Attorney
and consulting duties as needed. The Brown Law Group shall be entitled to the same
privileges and immunities as afforded any other governmental official and held harmless
for any actions taken in furtherance of its representation of the City and this agreement.
3. COMPENSATION: THE CITY agrees to pay LAW FIRM the sum of $22,000.00 per
month for compensation for legal services, exclusive of litigation services and special
projects, to be paid on the first (1 st) day of each month during the term or any subsequent
term. This fee shall be exclusive of ordinary costs and expenses which may include:
filing fees, delivery charges, long distance telephone charges, photocopies, special
postage or delivery expenses (express mail, certified mail and the like), travel expenses,
computer research, court costs as necessary (such as filing fees, service of process,
subpoena costs, witness fees, deposition costs, and fees and expenses of any co- counsel
or expert necessarily retained to assist in litigation or for other legitimate functions of the
office of City Attorney. Litigation and Special Projects shall be paid at a rate of $200.00
per hour.
The base monthly compensation of $22,000.00 shall be increased on the 1 st of October of
each year by not more than $1,250.00 per month subject to the City Commission's
approval.
4. TERMINATION: The parties agree and understand that the LAW FIRM, in accepting
this engagement, will be foregoing other private work and income, and in exchange for
the terms of this Agreement, the Law Firm may only be terminated for Good Cause,
defined as breaching the material terms of this Agreement and such termination shall
require a vote of three (3) Commissioners. As compensation in the event this
AGREEMENT is terminated under these terms, THE CITY shall pay the LAW FIRM an
amount equal to five months compensation, which shall be due and payable within thirty
(30) days of termination. In the event a lawsuit is initiated to enforce the terms of this
agreement, the prevail parties shall be entitled attorney's fees and suit costs.
THE BROWN LAW GROUP
By:
Name: Vincent T. Brown, Esq.
Title: Owner /Managing Member
CITY OF OPA LOCKA, FLORIDA
By:
Name: City Manager of Opa Locka
Title: Kelvin Baker
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