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HomeMy Public PortalAbout16-9216 Retain Mimi Turin to provide hearing Officer Services Sponsored by: City Attorney RESOLUTION NO. 16-9216 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO RETAIN MIMI V. TURIN, ATTORNEY-AT-LAW, TO PROVIDE HEARING OFFICER SERVICES, IN AN AMOUNT NOT TO EXCEED $6,000.00, FOR THE BID PROTEST FILED BY UNIVERSAL WASTE SERVICES, INC., OF FLORIDA, IN REGARDS TO RFP 1603103200 (COMMERCIAL AND RESIDENTIAL SOLID WASTE COLLECTION SERVICES) AS SET FORTH IN EXHIBIT "A"; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, The City of Opa-locka, Florida, issued RFP 16-3103200 for Commercial and Residential Solid Waste Collection Services; and WHEREAS, The selection committee recommended Waste Management of Florida, Inc. for award of the residential and commercial solid waste services contracts, however, Universal Waste Services, Inc. of Florida, the second ranked proposer, filed a bid protest with the City Clerk on July 10,2016; and WHEREAS, It is in the best interest of the City to retain a Mimi V. Turin, Attorney-at-Law, as the hearing officer to conduct the bid protest hearing of RFP 16- 3103200, and make findings and recommendations to the City Commission 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 Manager is hereby authorized to retain Mimi V. Turin, Attorney-at-Law, to the conduct the bid protest hearing of RFP 16-3103200, and pay her $150.00 per hour for her services. The cost of said services shall not exceed $6,000.00. Resolution No. 16-9216 Section 3. This Resolution shall take effect upon adoption by the City Commission, and subject to the final approval by the State of Florida Financial Oversight Board for the City of Opa-locka, FL. PASSED AND ADOPTED this 13th day of July, 2016. 4... a L. *a for Mayor A -st to: Approved as to form and legal sufficiency: i i ,11.x_. _ Jo a Flores Vincent T. Brown, Esq. City Clerk The Brown Law Group, LLC City Attorney Moved by: COMMISSIONER KELLEY Seconded by: COMMISSIONER SANTIAGO Commissioner Vote: 4-0 Commissioner Kelley: YES Commissioner Riley: NOT PRESENT Commissioner Santiago: YES Vice Mayor Holmes: YES Mayor Taylor: YES 2 Turin Center For Dispute Resolution, LLC 11352 West State Road 84. Suite 58. Davie. FL 33325-4007 Telephone: 954.745.7639: Website: ,: I u it Via email:vtblawCa)bellsouth.net July 11,2016 Vincent Brown, Esq. City Attorney City of Opa Locka Opa Locka, FL Ref: Hearing Officer for Bid Dispute Dear Mr. Brown: Thank you for your inquiry as to my services for bid protest proceedings.As requested, I have attached my Rate Sheet and my current resume. For local government administrative hearings,I charge $150/hour for all time involved in preparation, attendance at the hearing, and preparation and issuance of a decision,unless a different amount that is mutually agreeable is set forth in the applicable Code. If the City is agreeable to using my services,kindly let me know so we can move forward with scheduling. I would also need a copy of the City's relevant ordinances governing the bid process and its protest procedures, as well as any documents or exhibits provided by the protesting party, and any responses thereto. Please also copy all parties on our communications. I look forward to hearing from you. Sine- ely, Mimi V.Turin, Esq. Enclosures Turin Center for Dispute Resolution,LLC Mimi V.Turin,Esq. Rate Sheet Dade,Broward and Palm Beach Mediations $300/hour with a 2-hour minimum, shared by the two parties (specific conditions,including those for 3+party mediations,are set forth in the Mediation Confirmation and Fee Agreement) Arbitrations $300/hour with a 2-hour minimum, shared by the two parties. A daily rate is also available if needed. (Specific conditions,including those for 3+party arbitrations,are set forth in the • Arbitration Confirmation and Fee Agreement) Hearing Officer/Special Master $150/hour for attendance,preparation for administrative hearings the hearing, and preparation and issuance of the decision(unless an acceptable comparable rate is set forth in the applicable Code or other legislation). Venues outside the Dade.Broward and Palm Beach area: In addition to the above hourly rates for attendance,travel reimbursement at the State of Florida rates for travel,meals and lodging if necessary. Depending on the location and travel arrangements,an hourly rate for travel may apply. MIMI V. TURIN, Esq. 11352 West State Road 84,Suite 58, Davie, FL 33325-4007 Telephone: 954.745.7639; Email: mvturin.law @gmail.com BAR ADMISSIONS AND CERTIFICATION State of Florida,April 1990 United States District Court for the Southern District of Florida,July 1991 United States District Court for the Northern District of Florida,February 2011 11th Circuit Court of Appeals,April 2003 United States Supreme Court,October 2004 Florida Bar Board Certified in City, County and Local Government Law(since 2001) LEGAL EXPERIENCE Turin Center for Dispute Resolution. Davie. FL 2016-present Arbitrator, Mediator and Hearing Officer services for disputes involving labor and employment,local government disputes,police and prison litigation, civil rights claims, and appellate matters. State of Florida.Office of the Attorney General. Ft.Lauderdale.FL 2012-2016 Assistant Attorney General: the majority of my service was spent in General Civil Litigation, with responsibility for all aspects of state and federal defense litigation of state agencies and employees, with a major emphasis on employment litigation. Issues included Title VII, FCRA, Whistleblower, Section 1983, personal injury and Road-to-Independence appeals. Managing such a diverse caseload required strict adherence to court-imposed deadlines so discovery was completed and motions filed timely for pre trial resolution, evaluating evidence and witness credibility,researching and distilling legal arguments; arguing persuasively in court, and keeping clients informed. Some time was also spent in Lemon Law which involved providing advice to arbitration boards,preparing decisions, and providing general advice to the public. Bryant Miller Olive.Miami,_FL 2010-2011 Attorney (of counsel): Represented management in all aspects of labor and employment law, and local government issues, requiring strong organizational skills to manage trial preparation deadlines, research for client inquiries, and the preparation and analysis of persuasive legal arguments. City of Miami. Miami._FL 1.499-2oio Assistant City Attorney: Responsible for all aspects of state and federal employment litigation to defend the City of Miami, including appeals. This required that discovery and motion practice be timely completed for court-imposed deadlines, evaluating evidence and witness credibility, researching legal arguments for presentation in court; keeping clients informed; providing legal advice on labor and employment issues, as well as Sunshine law and public records issues. Litigation experience included multiple substantive areas including Title VII; the Florida Civil Rights Act; Americans with Disabilities Act; Whistleblower Act; First Amendment; Section 1983; Family Medical Leave Act; Fair Labor Standards Act; Unemployment Compensation; and Charter/Ordinance challenges to test validity. In this capacity, I also served as board counsel to various advisory boards (EEO Advisory Board, Overtown Advisory Board, Coconut Grove Advisory Board). Responsibilities also included supervision and training of the Labor and Employment section,which included staff assigned to Labor, Civil Service, and Workers'Compensation. • Mimi V.Turin-Resume City of Hialeah. Hialeah. FL loon-1000 Assistant City Attorney; Responsibilities were divided between serving as the Police Legal Advisor and representing the City in labor and employment matters. In the labor and employment capacity, responsibilities included representing the City on Wage and Hour claims, EEOC charges, union grievances and arbitrations, collective bargaining, Unemployment Compensation, and PERC matters, as well as serving as board advisor to quasi judicial boards (Personnel Board and Code Enforcement Board); drafting legislation, reviewing contracts, and preparing legal opinions. Responsibilities as the Police Legal Advisor included litigating civil forfeitures, preparing legal bulletins, and reviewing public records requests. Dade County Police Benevolent Association(PBA), Miami,FL 1gg3 1985 Staff Attorney: Provided legal advice and representation to law enforcement officers in employment and labor matters, including disciplinary actions and appeals, discharge of firearms, internal investigations, contractual grievances and arbitrations, civil service appeals, and collective bargaining. This was a very fast-paced environment that required strong communication and judgment skills to be able to give advice often in very stressful situations(e.g.,police shooting scenes, internal investigations,etc.) PROFESSIONAL NON-ATTORNEY EXPERIENCE Miami Police Depent.Miami. FL 1982-1993 1990-1993: Personnel Manager: Managed the personnel functions of this 1,500-member department, which included supervising a staff of almost 20 employees to provide payroll services, drug testing, court liaison, and the processing of personnel actions. This also included researching EEOC complaints, monitoring Civil Service proceedings.and developing corrective actions,preparing reports pursuant to a Consent Decree, managing public records, researching and addressing policy issues. This position required strong communication and organizational skills to meet deadlines, and managing staff. 1986-199o: Analyst: Prepared Affirmative Action reports pursuant to a Consent Decree, researched EEOC complaints, coordinated the assignment of personnel based on skill level and job duties, and supervised the production of public records. This position required analytical skills to prepare reports regarding the department's demographic composition over time, research skills to prepare responses to surveys, and the assignment and review of work product for accuracy in the production of public records to ensure confidential information had been properly redacted. 1982-1986: Identification Technician: Crime scene and prisoner processing, and latent print comparisons. This position required strong communication skills to interact effectively with crime victims, the public, individuals in custody, and the judicial system, and analytical skills for the preparation of crime scene reports,the collection of evidence and the comparison of fingerprints. Florida Department of Health and Rehabilitative Services, Miami,FL, 148o-1482 Social Worker in the Aging and Adult Program: evaluated clients for services and managed the delivery of services to assist clients in remaining independent. -2- Mimi V.Turin-Resume EDUCATION University of Miami School of Law, Coral Gables, FL: Juris Doctor,December 1989. Dean's List Biscayne College(now St. Thomas University), Miami, FL: Master of Science in Management(Human Resources),May 1983. Bachelor of Arts(Psychology),December 1983.Summa Cum Laude. Bachelor of Arts(Criminal Justice),May 1979. Summa Cum Laude. AWARDS AND PROFESSIONAL/CIVIC INVOLVEMENT * Arbitrator with the National Center for Dispute Settlement(automobile warranty disputes) * Adjunct Instructor - Florida International University, Tamiami Campus, College of Business Administration (2011-2o13) * Legal Trend's 2011 Florida Legal Elite * Florida Bar Fee Arbitration Panel(since 2010) * Florida Bar Grievance Committee "K" 2007-2010 (Chairperson 2009; Vice Chair 2010) * Board Member,Town of Davie Planning&Zoning Board 2001-2013(Chairperson 2009-2013) * Special Master for Code Enforcement proceedings(2007-2012, 2016-present) * Arbitrator (since 2005), qualified in accordance with Rule 11.020 * Volunteer Arbitrator for the Better Business Bureau(Lemon Law disputes)(2000-2008) * Speaker and Instructor (police training on court preparation and presentation skills, ethical issues in employment litigation,Financial'Emergency for local government agencies). * Memberships and Committees: City, County and Local Government; Labor and Employment; Appellate Practice; Cuban American Bar Association; Dade County Bar Association; Florida Association of Women Lawyers; Broward Association of Women Lawyers; Association for South Florida Mediators and Arbitrators. * Volunteer tutor with Children's Harbor(2011-2012) * Implemented and coordinated annual Easter Basket drives and Back-to-School drives benefiting foster children with the Miami Children's Home Society and ChildNet(2008-2011) * Volunteer with The Children's Trust (assisted annually by evaluating RFP submissions for grant funds for summer camps and after-school care programs) (2008-2009) * Volunteer Judge for Moot Court competitions(since 2008) * Volunteer attorney with the Put Something Back program(1990-1993)and the Guardian ad Litem program(1990) * Volunteer tutor to help adults learn to read through the Broward Library system(1985-1986) -3-