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----.\
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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
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