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Home My Public Portal About19-9595 Extending the First Amended Agreement w/ the Brown Law Group Sponsored by: Commissioner Kelley RESOLUTION NO. 19-9595 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, EXTENDING THE FIRST AMENDED AGREEMENT WITH THE BROWN LAW GROUP, LLC (TBLG) TO APRIL 5, 2019; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Opa-locka's ("City") initial amended agreement with TBLG expires on March 5, 2019; and WHEREAS, the City Commission desires to have an RFP issued, seeking a firm to serve as City Attorney for the City of Opa-locka, but also wants to ensure a smooth transition and a fair and transparent process that may take up to three months to complete; and WHEREAS, the City Commission desires to extend the First Amended Agreement with TBLG for an additional month to allow the City to complete the RFP process. 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 extends the First Amended Agreement with TBLG to April 5, 2019. 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 16th day of January, 2019. Mayor Matthew Pigatt Resolution No. 19-9595 Attest to: Approved as to form only: j •, Jo. a Flores THE BROWN LAW GROUP, LLC Cit Clerk City Attorney Moved by: COMMISSIONER KELLEY Seconded by: COMMISSIONER BURKE Commissioner Vote: 4-1 Commissioner Burke: YES Commissioner Kelley: YES Commissioner Bass: YES Vice-Mayor Davis: YES Mayor Pigatt: NO -- - 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 4:1". 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 IPA 2 ii FLORIDA By: By: Name: Vincent T. Brown,Esq. Name: City . i.ger 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 x, 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 •. - . . . - !!.!e e :- :. 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 A PA-LOCKA,FLORIDA _ By: A By: j /. Name: Vincent T.Brown,Esq. Name rvette Harr- ,Esq. Title: Managing Member Title: City Manager CITY at OPA-LO FLORIDA CITY O. OPA-L• ORIDA / By: tiA. . By: - • Ot 3( aG 17 Name: oanna Flores Name: Myra L.Taylor Title: City Clerk Title: Mayor 2