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HomeMy Public PortalAbout19-9593 Seeking a Firm to Serve as Attorney for the City/ Establishment of a Committee to Review and Make Recommendation to Sponsored by: Commissioner Burke RESOLUTION NO. 19-9593 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) SEEKING A FIRM TO SERVE AS CITY ATTORNEY FOR THE CITY OF OPA-LOCKA; FURTHER AUTHORIZING THE ESTABLISHMENT OF A COMMITTEE TO REVIEW AND MAKE RECOMMENDATIONS TO THE CITY COMMISSION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Opa-locka's ("City") initial amended agreement with The Brown Law Group, LLC expires on March 5, 2019; and WHEREAS, the City Commission desires to have an RFP issued by the City Manager in conjunction with the City Clerk, to be brought back at a special commission meeting to be held on January 16 at 5:30PM to be approved by the City Commission, seeking a firm to serve as City Attorney for the City of Opa-locka; and WHEREAS, the City Commission wishes to establish a committee, for which each Commissioner shall appoint one member, to review proposals and make recommendations to the City Commission. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Section 2. AUTHORIZATION The City Commission hereby authorizes the issuance of a RFP by the City Manager in conjunction with the City Clerk, to be brought back at a special commission meeting to be held on January 16 at 5:30PM for approval by the City Commission, seeking a firm to serve as City Attorney for the City of Opa-locka and further authorizes the establishment of a committee to review and make recommendations to the City Commission Section 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re-lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption and is subject to the approval of the Governor or his designee. Resolution No. 19-9593 PASSED AND ADOPTED this 9th day of January, 2019. Mayor Matthew Pigatt Attest to: Approved as to form: LAW Jo.1 a Flores H OWN W GROUP, L City,Clerk City Attorney Moved by: Commissioner Burke Seconded by: Vice Mayor Davis Commissioner Vote: 3-2 Commissioner Burke: YES Commissioner Kelley: YES Commissioner Bass: YES Vice-Mayor Davis: NO Mayor Pigatt: NO ""rye S J Al I?(>I'r LORI[a,v r . �ffi�e of t�je �� o�uernor � I Ht(;\1'1IOL '�'� 1AI 1 A11\SSf 1:.II ORIDA 32;99-0001 Wwv flcoti".corn RI(k SC(YI`1 850-488-7146 GO\-'LR\OR 850-487-0801 fax December 12, 2018 Yvette Harrell, Interim City Manager City of Opa-locka City Hall, 780 Fisherman Street Opa-locka, FL 33054 Re: Resolutions 18-9549 and 18-9556 and Ordinance 18-16 Dear Ms. Harrell: As you know, two resolutions and an ordinance are still outstanding and pending a decision from the Governor's Designee. The referenced resolutions and ordinance are, respectively, Resolution 18-9549, Resolution 18-9556, and Ordinance 18-16. The resolutions and the ordinance are subject to approval by the Governor's Designee in accordance with Section 7 of the State and Local Agreement of Cooperation Between the Governor and the City of Opa-locka. Having considered the input of the Financial Emergency Board's (FE Board) Contract Review Committee,' Ordinance 18-16 is not approved for implementation. The ordinance is devoid of provisions and controls sufficient to protect the City of Opa-locka's (City) citizens from having their municipal government sell, transfer, or convey municipal assets that could otherwise be used to bolster the City's revenues. As currently written, the ordinance presents too many opportunities for City property to be sold or conveyed to other parties without the City obtaining the highest and best valuation and compensation for the property planned for disposal. Since the FE Board voted on December 6, 2018, to defer any further discussion or review of the ordinance, I am prepared to close the matter with a denial. Resolutions 18-9549 is also not approved for implementation. Resolution 18-9549 concerned the amendment of the City's retainer agreement with the Brown Law Group, LLC, with such existing agreement set to expire February 5, 2019. Resolution 18-9549's approval would bind the newly elected and installed City Commission with a significant monthly financial obligation and potential severance burden equaling almost 40%of the contracting period ending on February 5, 2020.3 The effect sought through Resolution 18-9549 is a matter for the newly constituted commission to address since the contract is extended for more than 1 year from today and expiring entirely within their terms of office. 1A component of the Financial Emergency Board consisting of four of the Financial Emergency Board's eight members. 2 Twenty weeks,the maximum allowed under Florida law.See s.215.425, Florida Statutes. 'Additionally,while the resolution sets a contract termination date of February 5,2020,the 2nd Amended Law Firm Retainer Agreement related to Resolution 18-9549 extends the contract's duration to"one year, commencing on March 5, 2019." December 12, 2018 Page 2 of 2 Similarly, Resolution 18-9556 is not approved for implementation. The effect sought through Resolution 18-9556 is a matter for the newly constituted commission to address. It is not reasonable to bind a newly constituted City Commission with the appointment and severance conditions of one of its three direct reporting officers,4 with the employment terms and conditions developed and imposed by a prior Commission. Since the FE Board voted on December 6, 2018, to defer any further discussion or review of this particular resolution, I am prepared to close the matter with a denial. It is generally in the City's best interest to maintain a balance between continuity of operations and respect for the authority vested in the currently elected Commission. It is my opinion that it is in the City's financial interest to maintain stability, even as it may want to move forward with a local and nationwide search for candidates as called for under Chapter 2, Art.1, Sec. 2-8.4, Opa-locka, FL—Code of Ordinances. Furthermore, it is my opinion that the immediate termination of any of the three direct reporting officers before identifying a qualified replacement would have a direct and potentially negative impact upon the City. It is recommended that the City Commission take these considerations into account during this time of transition. If you have any questions or concerns, please contact my office. Respectfully, Eric W. Miller Chief Inspector General Governor's Designee for EO 16-135 cc: Mayor Matthew Pigatt Vice Mayor Chris Davis Commissioner Joseph Kelley Commissioner Alvin Burke Commissioner Sherelean Bass Interim Board Chair Andrew R. Collins Board Member Angela Knecht Board Member Kim Mills Board Member Vernita Nelson Board Member J.D. Patterson, Jr. Board Member Frank Rollason Board Member Marie C. Walker Board Member Christian Weiss °The City Clerk,City Attorney,and City Manager positions are the three positions that directly report to and serve at the pleasure of the City Commission. Sponsored by: Vice Mayor Kelley RESOLUTION NO. 18-9549 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING THE 2ND AMENDMENT TO THE CITY ATTORNEY RETAINER AGREEMENT WITH THE BROWN LAW GROUP, LLC; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Opa-locka, Florida, desires to amend the City Attorney Retainer Agreement (EXHIBIT "A") with The Brown Law Group, LLC; and WHEREAS, the Chief Inspector General communicated that he does not believe the City Attorney's Retainer Agreement clearly stated the scope of services, and terms related to ownership of work product, records subject to Chapter 119 and access to records, related to City of Opa-locka("City") matters, for audits and inspection,were omitted; and WHEREAS, the Chief Inspector General recommends amending the Retainer Agreement to clarify the terms of the Agreement and include guidance on various issues that are not addressed in the current agreement; and WHEREAS, the initial term of the Agreement is from March 5, 2015 to February 5, 2017, and WHEREAS, the City Commission approved the first amendment on December 14, 2016, via resolution 16-9277 (EXHIBIT"B")with a term expiring on February 5, 2019; and WHEREAS, the new Agreement addresses the Chief Inspector General's concerns and extends the initial term of the agreement for an additional one (1) year until February 5, 2020; and WHEREAS, it is in the best interest of the City of Opa-locka, Florida, to amend the City Attorney Retainer Agreement with The Brown Law Group, LLC. NOW THEREFORE, BE IT RESOLVED THAT THE BOARD OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1.RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Resolution No. 18-9549 Section 2.AUTHORIZATION The City Commission of the City of Opa-locka, Florida, hereby amends the City Attorney Retainer Agreement with The Brown Law Group, LLC and extends the initial term for an additional one(1) year to February 5, 2020. (EXHIBIT"A") Section 3.SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re-lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. Section 4.EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption and is subject to the approval of the Governor or his designee. PASSED AND ADOPTED this 26th day of September,2018. a L. aylor ayor Attest to: Approved as to form and legal sufficiency: 4,1 k Joi= Flores ►' i .. Law Group, LL City lerk 1 Attorney Moved by: VICE MAYOR KELLEY Seconded by: COMMISSIONER RILEY Commissioner Vote: 4-1 Commissioner Holmes: YES Commissioner Riley: NO Commissioner Pigatt: YES Vice Mayor Kelley: YES Mayor Taylor: YES YY 141 • 1. 1� •.� 1. I P _ /. _ A . II • • A. • • 1• HI• Y t Y • • . (CITY). - - • 1 Ht• N N . f • NI• GIT-Icisend Y • Y_ _ ___ • • .1 • Y . _ . • I . • • - _. - _ .- _. _ _ II I I _.. 1. - . _ ■ _-.-......_._ -._.. - .. •111 _ .- _ 1 4. . . . .. • _ N.. teivitinetione 2 2ND AMENDED LAW FIRM RETAINER AGREEMENT THIS AMENDED LAW FIRM RETAINER AGREEMENT ("Amended Agreement") is made this day of September, 2018, by and between THE BROWN LAW GROUP, LLC. ("Law Firm") and the CITY OF OPA-LOCKA("City"). WHEREAS, Law Firm is a Florida limited liability company consisting of law firms duly licensed to practice law in the State of Florida; and WHEREAS, City is a Florida municipality, the City Commission of which is required by its Charter to appoint an individual or law firm to act as City Attorney; and WHEREAS.Law Firm has been engaged by City since March 5, 2015. to act as City Attorney on the terms then agreed between them; and WHEREAS, City and Law Firm desire to maintain their relationship but to modify the terms of the engagement; and NOW, THEREFORE, in consideration of the mutual undertakings and covenants herein contained, the adequacy of which consideration is hereby agreed by them, City and Law Firm, intending to be legally bound, do hereby agree as follows: 1. TERM. The term of this Amended Agreement shall be one year, commencing on March 5, 2019. Thereafter, this Amended Agreement will automatically renew on each anniversary unless terminated as provided herein or otherwise agreed by the Parties as provided herein. 2. DUTIES. Law Finn, through its attorney or attorneys, shall act as City Attorney of City. Law Firm shall designate one attorney to assume primary responsibility as City Attorney. Law Firm may, in its sole discretion, designate one or more Deputy City Attorneys to assist in providing services under this Amended Agreement. Law Firm will provide Municipal Legal Services and Litigation Services, as each is herein defined. A. MUNICIPAL LEGAL SERVICES. The Municipal Legal Services include: i. Legislative work associated with the Commission meetings, including preparation or review of ordinances and resolutions, and written policies and procedures, together with research work as necessary associated with the preparation of those documents. This activity shall include providing assessments of legal risks inherent in any proposed course of action,present legislation, or practices of theCity; ii. Preparation of oral or written opinions on legal matters as required by the Commission and/or City Manager; iii. Negotiations and preparation of agreements, leases, contracts, or similar documents; 3 iv. Participation in meetings and/or telephone conferences with the City Manager and/or City Staff as designated by the City Manager and the provision of legal counsel, as v. Assistance to staff, legal research, and counseling related to the acquisition or sale of real property, preparation of utility franchise agreements; operations governed by law; liability situations; grant guidelines;pension law; and other matters as necessary requiring legal advice; vi. Keeping the City Commission, City Manager and City department heads informed of legislation and/or judicial opinions that have potential to impact the City; vii. As requested by City, overseeing in a cost-effective manner litigation in which the City is represented by outside counsel through the City's insurer; viii. Conducting legal research as necessary for the performance of the Municipal Legal Services; ix. Serve as liaison with independent counsel when required; x. Provide legal services relating to labor relations, employment and personnel issues,labor arbitrations, or collective bargaining, as needed; xi. Providing legal services for such other matters not covered above, but which necessitate legal advice or use of legal services of Law Firm, as determined by the City Commission or City Manager and City department heads and which are not included in the Special Legal Services, as described herein; xii. Perform the duties of the City Attorney as provided in the City Charter and City Code. B. OTHER SERVICES. The Other Services include all litigation, including arbitrations, in which the Law Firm directly represents City, with or without the participation of outside counsel as co-counsel. Whether Law Firm directly represents City in any particular litigation shall be determined by Law Firm, in consultation with City, in accord with the best interests of City. The Other Services also include non-litigation special projects, such as eminent domain work, real estate and other closings, services related to bonds and other fmancings, and services related to easements. Whether a matter is a special ro•ect shall be determined b Law Firm in consultation with Cit on a case-b -case basis. 3. COMPENSATION. City shall compensate Law Firm for the Municipal Legal Services in the amount of$19,800.00 per month. Upon the end of State of Florida oversight of City pursuant to Florida Statutes Section 14.32, compensation for the Municipal Legal Services will increase revert to $22,500.00 per month. - .. - , - . . -- 4 The Other Services will be compensated at an hourly rate for professional services as follows: (i) federal court litigation - $200.00 per hour; (ii) Florida Circuit Court litigation - $190.00 per hour; (iii)Florida County Court litigation- $180.00 per hour; (iv)Florida Small Claims Court litigation - $170.00 per hour; (v) arbitrations and special projects - $150.00 per hour. 4. COSTS. City will reimburse Law Firm for costs it incurs in providing the Municipal Legal Services and Other Services, including any taxes on such costs. These costs may include, but not be limited to, filing fees, delivery charges, long distance telephone charges, photocopies, postage, charges for computer research, court costs, witness fees, court reporter charges, expert or other consultant fees, and bond or surety or insurance costs (not including professional liability or comprehensive liability insurance). Such expenses shall be reimbursed at actual cost. Travel and lodging expenses necessarily incurred pursuant to providing the Municipal Legal Services or Other Services will be reimbursed pursuant to Section 2-61 of the City Code. Whenever practicable, Law Firm will obtain advance authorization from City before incurring costs in excess of$2500.00. 5. PAYMENT. Law Firm will bill City on a monthly basis. Other Services will be itemized and billed in increments of one-tenth (1/10th) hour. City will pay in accordance with the Local Government Prompt Payment Act. 6. TERMINATION. A. BY CITY. The City may terminate this Amended Agreement, in its sole discretion, upon the affirmative vote of no less than three of the duly elected or appointed members of the Commission. The notice of termination must be scheduled at a regularly scheduled Commission meeting and advertised in the Commission agenda prior to the Commission meeting.Upon termination of this Amended Agreement,Law Finn will transfer all work in progress,completed work, and other materials to the City's successor counsel. B. RELEASE. If this Amended Agreement is terminated by the City, Law Firm agrees to waive any and all claims,known or unknown,foreseen or unforeseen that may arise out of this Amended Agreement. Law Firm agrees that it will not challenge on any grounds the validity or enforceability of the waiver and release. In consideration for Law Finn's waiver of claims, City shall pay Law Firm an amount equal to twenty (20) weeks of the monthly fee for Municipal Services in effect at the time of City's termination. This amount will not be paid if Law Firm is terminated for misconduct as defined in Florida Statutes Section 443.036(29). C. BY LAW FIRM. Law Firm may terminate this Amended Agreement upon sixty (60) days' written notice. Unless Law Firm and City agree otherwise in writing, the non-payment of any Law Firm invoice, fifteen (15) days after the issuance of a Default Notice, sent thirty (30) days after payment was due on the first of each month, the City will be in default under this 5 Amended Agreement. Such default shall constitute grounds for the immediate termination of this Amended Agreement without written notice and withdrawal from representation of City by Law Firm of this Amended Agreement, to be exercised in its sole discretion subject only to court approval, if necessary. In such case, City agrees to execute any document necessary to effectuate the withdrawal. D. PAYMENT DUE UPON TERMINATION. Upon termination by either Party for any reason, City shall pay to Law Firm fees earned and costs incurred to the date of termination. 7. INDEPENDENT CONTRACTOR. Law Firm and its employees and agents are independent contractors and not employees of City. All persons engaged in any work or services performed pursuant to this Amended Agreement, shall at all times and in all places be subject to the Law Firm's sole discretion, supervision, and control. 8. CITY NOT LIABLE. City shall not be liable for the acts, omissions to act, or negligence of Law Firm or those of Law Firm's agents, servants, and employees. Law Firm shall maintain during the term of this contract, and all renewals and extensions thereof, professional liability insurance in at least the minimum amounts of One Million Dollars ($1,000,000.00) for each occurrence with a maximum deductible of Fifty Thousand Dollars ($50,000.00). 9. COMPLIANCE WITH LAW. Law Firm shall comply with all federal,gate and local laws and ordinances applicable to the se vices and shall not discriminate on any illegal basis in the performance of the services. 10. PUBLIC RECORDS. A. STATEMENT. If the contractor has questions regarding the application of Chapter 119, Florida Statutes, to the contractor's duty to provide public records relating to this contract, contact the custodian of public records at City Clerk, (305) 688-4611, iflores @opalockafl.gov, 780 Fisherman Street, 4th Floor, Opa-locks, Florida 33054. B. COMPLIANCE. Law Firm shall: (i) Keep and maintain public records required by the public agency to perform the, service. (ii) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (iii) 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 6 duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. (iv) Comply, to the extent applicable, with statutes and regulations governing the retention of public records. 11. REPRESENTATION OF OTHER CLIENTS. Law Firm is bound by the Florida Bar Rules of Professional Conduct not to represent any client if the representation of that client would be directly adverse to the interests of another client unless such client gives fully informed consent to such representation after consultation. Law Firm represents that it presently has no interest, either direct or indirect, which would impair its ability to provide legal services under this Amended Agreement, as provided in the standards set forth in the Rules of Professional Conduct or in Florida Statutes Chapter 112, Part III, or that would otherwise violate those provisions. Law Firm will promptly notify the City, in writing, should a conflict or potential conflict of interest arise. City will notify Law Firm as soon as practicable, but not later than within thirty (30) days of receipt of notification, if in the City's opinion the circumstances do or would constitute a conflict and, if requested, whether it will waive the conflict,if such conflict is legally waivable. 12. MISCFJ.I,ANEOUS. This Amended Agreement supersedes any prior agreement regarding its subject matter and is the entire agreement regarding its subject matter as of the Effective Date of this Amended Agreement. This Amended Agreement may be modified only by a writing executed by both Parties with the same formalities applied to this Amended Agreement. Once executed, a photocopy of this Amended Agreement shall have the same force and effect as an original. Paragraph headings are for convenience only, and are not intended to expand or restrict the scope or substance of the provisions of this agreement or have other legal effect. Whenever used herein, the singular shall include the plural, the plural shall include the singular, and pronouns shall be read as masculine, feminine or neutral as the context requires. This contract is made in the State of Florida, and shall be governed by Florida law. Miami-Dade County, Florida, shall be the exclusive venue for any litigation, arbitration or mediation relating to this contract. This contract may not be assigned or delegated by either party without the prior written consent of the other party. This contract shall not be construed to create legally enforceable rights in any persons or entities other than Law Firm or City. 13. COMMENCEMENT. The representation of City by Law Firm according to the terms and conditions of this Amended Agreement shall commence upon the Effective Date which is the date the Amended Agreement is executed by both parties. THE BROWN LAW GROUP, LLC CITY OF OPA-LOCKA,FLORIDA By: By: Name: Vincent T. Brown,Esq. Name: Newall J. Daughtrey Title: Managing Member Title: Interim City Manager Date: Date: 7 CITY ATTORNEY RETAINER AGREEMENT THIS AGREEMENT ("AGREEMENT") is made this J 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 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, serve as City Attorney, and The Brown Law Group and may at its discretion appoint an assistant to perform Deputy City Attorney and consulting duties as needed. 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 (1st) 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 1st of October of each year by not more than $1,250.00 per month subject to the City Commission's approval. 1 4:s. 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 CITY OF CPA i VKA, FLORIDA By: By: Name: Vincent T. Brown, Esq. Name: City . ager of Opa Locka Title: Managing Member Title: Kelvin Baker CITY ATTORNEY RETAINER AGREEMENT AS AMENDED THIS AGREEMENT ("AGREEMENT") is made this 5th 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; and 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} four (4) years from the date of commencement, with the City's option to renew for one additional year on each anniversary date. The effective date of this Agreement for the purpose of this provision, as amended, shall be March 5,2015. 2. LEGAL SERVICES: To include all City Attorney Services, including attending meetings of the City Commission, Zoning, Planning and Code Enforcement 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, serve as City Attorney, and the Brown Law Group and may appoint at its discretion appoint an assistant to perform Deputy City Attorney and consulting duties, as needed. 3. COMPENSATION: THE CITY agrees to pay LAW FIRM the sum of$22,000'00 $19,800.00 per month for compensation for legal services, exclusive of litigation services and special projects, to be paid on the first (1st) 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 . .. . . . . . . !!.1! :. shall be paid at the following rates: (a) U.S. Federal Courts Cases: $200.00 per hour; (b) State of Florida Circuit Court Case: $190.00 per hour (c); State of Florida County Court Cases: $180.00 per hour; (d) State of Florida Small Claims Court Case: $170.00 per hour; (e)Arbitration Matters before the American Arbitration Association: $150.00 per hour; (f) Special Projects: $150.00 per hour. . The effective date for this provision, as amended, shall be October 1, 2016. 1 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. Such termination shall require a majority 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. THE BROWN LAW GROUP, LLC CITY OF I PA-LOCKA,,FLORIDA l By: By: ( 4///, C% Name: Vincent T. Brown, Esq. Name /vette Harr- , Esq. Title: Managing Member Title: City Manager CITY i OPA-LO , FLORIDA CITY 0 OPA-L•Alb,- ORIDA 1� By: _L r By: 01 31 d,01-1 Name: oanna Flores Name: Myra L. Taylor Title: City Clerk Title: Mayor 2