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HomeMy Public PortalAbout18-9511 Authorizing Payment of Commissioner Holmes Legal Fees and the Hiring of Michael Pizzi Sponsored by: Commissioner Riley RESOLUTION NO. 18-9511 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE PAYMENT OF COMMISSIONER TIMOTHY HOLMES'S LEGAL FEES AND THE HIRING OF MICHAEL PIZZI, ESQ. TO DEFEND A CIVIL ACTION RESULTING FROM THE PERFORMANCE OF THE COMMISSIONER'S OFFICIAL DUTIES WHILE SERVING A PUBLIC PURPOSE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 111.07, Florida Statutes authorizes municipalities to provide an attorney to defend any civil action arising from a complaint for damages or injury suffered as a result of any act or omission of action of any of its officers, employees, or agents for an act or omission arising out of and in the scope of his or her employment or function; and WHEREAS, Commissioner Timothy Holmes, as a result of the performance of his official duties while serving a public purpose, has to defend a Civil Action filed by former City Manager, Ed Brown (Exhibit A); and WHEREAS, the Florida Supreme Court has enunciated a common law doctrine, independent of statute, ordinance, or charter, affording public officials the right to legal representation at taxpayer expense in defending themselves against litigation arising out of their public duties and while serving a public purpose. See Thornber v. City of Ft. Walton Beach, 568 So.2d 914, 917 (Fla.1990) WHEREAS, the City Commission finds that it is in the best interest of the City of Opa-locka to pay for Commissioner Holmes's legal representation. NOW THEREFORE, BE IT RESOLVED BY 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 Commission hereby authorizes the payment of Commissioner Timothy Holmes's legal fees and the hiring of Michael Pizzi, Esq. whose terms of representation are set forth in the retainer attached as Exhibit B. Section 3. This Resolution shall take effect immediately upon adoption and is subject to the approval of the Governor or the Governor's Designee. Resolution No. 18-9511 PASSED AND ADOPTED this 11th day of July, 018. 7----.\ _,, kit L„LSX/ Myra L. Taylor Mayor Attest to: Approved as to form and legal sufficiency: Jo.k na Flores Vincent T. Brown, Esq. City Clerk The Brown Law Group, LLC City Attorney Moved by: COMMISSIONER RILEY Seconded by: COMMISSIONER HOLMES Commissioner Vote: 4-1 Commissioner Holmes: YES Commissioner Riley: YES Commissioner Pigatt: NO Vice Mayor Kelley: YES Mayor Taylor: YES Michael A. Pizzi Jr., Esq. 6625 Miami Lakes Drive, Suite 316 Miami Lakes, Florida 33014 PH: (305) 777-3800 E-Mail: mpizzi@pizzliaw.com May 31st,2018 RETAINER AGREEMENT THIS AGREEMENT ("AGREEMENT") is made the 31 stth of May, 2018 by and between the LAW OFFICE OF MICHAEL A. PIZZI, Jr., Esq., ("LAW FIRM") and COMMISSIONER TIMOTHY HOLMES,and sets forth as follows: 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, COMiLIISSIONER TIMOTHY HOLMES, has retained LAW FIRM in connection with a case pending in Miami-Dade with various asserted claims. WHEREAS, COMMISSIONER TIMOTHY HOLMES, agrees to retain the services of the LAW FIRM to represent them in the case; NOW THEREFORE, in consideration of the mutual undertakings and covenants herein contained, LAW FIRM and COMMISSIONER TIMOTHY HOLMES, hereby covenant and agree as follows: 1. SCOPE: The LAW FIRM agrees to represent COMMISSIONER TIMOTHY HOLMES, in defense of the lawsuit filed against him in Case Number 18-0156, Eddie Brown v. City of Opa Locka and Timothy Holmes. LAW FIRM agrees to represent Commissioner Holmes in this matter, including all aspects of the case,up to and including trial, but which does not include any appeals, which would require a separate fee; 2. COMPENSATION: COMMISSIONER TIMOTHY HOLMES agrees to pay LAW FIRM an initial non-refundable retainer sum of Five Thousand Dollars ($5,000.00)to be billed against an hourly rate of $300.00 per Hour($300.00 per hour). This is a courtesy discount from the normal hourly rate of$700.00 per hour.All fees shall be paid by the City of Opa Locka because the Commissioner is being sued for actions that he took in his official capacity as a Commissioner on behalf of the City. In addition to legal fees,the City shall be responsible to any costs incurred, which costs shall be paid within 15 days of being billed. 3. LAW FIRM shall submit an invoice on the 1'of each month. 4. This Agreement may terminated by either party at any time. If the Agreement is terminated by the client,the LAW FIRM shall be owed only any amount accumulated for work already performed prior to the termination. 5. LAW FIRM has not provided any advise on the terms of this Agreement and client has the right to have this Agreement reviewed. TIMOTHY HOLMES MICHAEL A.PIZZI,Jr.,Esq Florida Bar No.079545 , �-• By ' 111 ► -- _ Date: °y°/'--� Date: