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HomeMy WebLinkAboutReso 2021-3262RESOLUTION NO. 2021- 3Z!. 2- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN INCREASE IN COMPENSATION TO NABORS, GIBLIN & NICKERSON, P.A., FOR PROFESSIONAL LEGAL SERVICES, IN AN AMOUNT NOT TO EXCEED SIXTY -THOUSAND DOLLARS ($60,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on- March 20, 2019, via Resolution No. 2019-2924, the City Commission awarded Request for Proposals No. 19-02-01 to Nabors, Giblin & Nickerson, P.A. ("Firm") to provide the City with Professional Legal Services and approved a Letter Agreement ("Agreement") in an amount not to exceed $120,000.00 per year; and WHEREAS, on October 1, 2021, the Firm submitted an amendment to the Agreement to increase the compensation by $60,000.00; and WHEREAS, the City Commission wishes to approve an increase to the compensation amount with the Firm for professional legal services by Sixty Thousand Dollars ($60,000.00), bringing the total yearly compensation to an amount not to exceed One Hundred Eighty Thousand Dollars ($180,000.00), attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Increase in Compensation. The City Commission hereby approves an increase to the compensation amount with Nabors, Giblin & Nickerson, P.A., for Professional Legal Services, in an amount not to exceed Sixty Thousand Dollars ($60,000.00), bringing the total yearly compensation to an amount not to exceed One Hundred Eighty Thousand Dollars ($180,000.00), attached hereto as Exhibit "A". Section 2. Authorization of City Manager. The City Manager is authorized to do all things necessary to effectuate the terms of this Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 18th day of November 2021. Mayor, City of Sunny Isles Beach R2021_Increase_Comp_w_Nabors_Gib1in_Nickerson_for_Professional_Legal_Svcs Page 1 of 2 1 ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Mauricio Betancu , CMC, City Clerk Edward A. Dion, City Attorney Moved by: �N/SS/d/�/ �5 Seconded by: �i�'fi�/SSI O/%_ Vote: Mayor (Yes) (No) Commissioner Lama 7 (Yes) (No) Commissioner Viscarra (Yes) (No) Commissioner Seat 1 (Yes) (No) Commissioner Seat 3 (Yes) (No) R2021_Increase_Comp_w_Nabors_Gib1in_Nickerson_for_Profess ion al_Legal_Svcs Page 2 of 2 PLANTATION 8201 Peters Road Nabors Suite 1000 Plantation, Florida (954) 31Tel 5-0268 Tel Giblin • -� N1C ers" onP.A. ATTORNEYS AT LAW October 1, 2021 Christopher J. Russo City Manager City of Sunny Isles Beach Sunny Isles Beach Government Center 18070 Collins Avenue Sunny Isles Beach, F133160 TAMPA 2502 Rocky Point Drive Suite 1060 Tampa, Florida 33607 (813) 281-2222 Tel (813) 281-0129 Fax TALLAHASSEE 1500 Mahan Drive Suite 1500 Tallahassee, Florida 32308 (850) 2244070 Tel (850)224-4073 Fax Re: Amending Compensation for Professional Legal Services — City Attorney Dear Mr. Russo: This correspondence shall serve as confirmation that the annual retainer payable to Nabors, Giblin & Nickerson, P.A. (the "Firm") for all general representation of the City as set forth in the letter agreement between the City and the Finn dated March 27, 2019, shall be increased to $180,000.00 per year. Subject to the approval of the City Commission, the effective date for the aforementioned amended compensation shall be retroactive to October 1, 2021. Except as specifically modified herein, all terms and conditions of the original letter agreement between the City and the Firm, dated March 27, 2019, shall remain in full force and effect. Sincerely, a b 7" Edward A. Dion ACCEPTANCE BY THE CITY OF SUNNY ISLES BEACH: i3i0ihf�P—Jti—_ 'b'VX March 27, 2019 Christopher J. Russo City Manager City of Sunny Isles Beach Sunny :l:sles Beach Government Center 18070 Collins Avenue Sunny Isles Beach, Fl_, 3> 160 Re: Professional Legal Services — City Attorney I:)ear Mr. Russo: Tbis correspondence shall serve as co.nlfinnation that Nabors, Giblin & Nickerson, P.A. (the "Firm") is pleased to provide legal representation to the City of Sunny Isles Beach (the "City") as set forth in our response to RIT 19-02-01 for Professional Legal Services. We propose an annual retainer in the amount of $120,000, which would be payable in twelve equal monthly installments. This retainer would cover all general representation of the City. The scope of general representation provided would include the representation of the City Commission at all meetings and workshops. the provision of legal advice and guidance to the Mayor, the City Commission, the City Manager and City staff:, and preparation of ordinances, resolutions and opinions. "The only exception from this retainer would be for the following: A. Litigation in any State or Federal court. representation of the City before the Division of Administrative Hearings, Equal Employment Opportunity Commission, Florida Commission on Human .Relations, Unemployment Compensation Commission, or other State, Federal or local administrative proceeding, would be compensated on an hourly basis at the following rates: Partners Associates Clerks/Paralegals $225.00 per hour $170.00 per hour $ 65.00 per hour TAMPA 2502 Rocky Point Drive Suite LAUDERDALE Nabors 3FORT Tampa, Florida1i2 Tel 110 East Broward Boulevard ri Gibl'n 2 (813) 281-2222 Tel Fax (8.9TA Fort Lauderdale, FloridaSuite 33301 TALLAHASSEE TALLAHASSEE (954) 3153852 Tel 1500 Mahan Drive NickersonP.A. Suite 200 Tallahassee, Florida 32308 A 1 ;x. :'. (850) 2244070 Tel (850) 224.4073 Fax March 27, 2019 Christopher J. Russo City Manager City of Sunny Isles Beach Sunny :l:sles Beach Government Center 18070 Collins Avenue Sunny Isles Beach, Fl_, 3> 160 Re: Professional Legal Services — City Attorney I:)ear Mr. Russo: Tbis correspondence shall serve as co.nlfinnation that Nabors, Giblin & Nickerson, P.A. (the "Firm") is pleased to provide legal representation to the City of Sunny Isles Beach (the "City") as set forth in our response to RIT 19-02-01 for Professional Legal Services. We propose an annual retainer in the amount of $120,000, which would be payable in twelve equal monthly installments. This retainer would cover all general representation of the City. The scope of general representation provided would include the representation of the City Commission at all meetings and workshops. the provision of legal advice and guidance to the Mayor, the City Commission, the City Manager and City staff:, and preparation of ordinances, resolutions and opinions. "The only exception from this retainer would be for the following: A. Litigation in any State or Federal court. representation of the City before the Division of Administrative Hearings, Equal Employment Opportunity Commission, Florida Commission on Human .Relations, Unemployment Compensation Commission, or other State, Federal or local administrative proceeding, would be compensated on an hourly basis at the following rates: Partners Associates Clerks/Paralegals $225.00 per hour $170.00 per hour $ 65.00 per hour 13. Special Projects or activities which would require more than ten (10) hours of attorney time would be charged at the above hourly rates. Prior to commencing such Project, the Firm would notify the City that the Special Project would exceed ten (10) hours and receive prior authorization. This would include matters which because of the nature of the Special Project, an extraordinary amount of effort would be required. An. example of these types of Special Projects would be the substantial revision of the Purchasing Manual or Comprehensive Plan. C. Development and implementation of. Revenue Programs, such as a special assessment, impact fee or other home rule revenue sources which would be negotiated on a project -by -project basis. D. Municipal bond or bank financing, which would be negotiated on a transaction -by -transaction basis. The Firm will not charge the City for travel time or travel -related costs to the City. The Firm will be reimbursed for actual costs incurred on travel to locations outside the City, in conformity with Chapter 1'12, Florida Statutes. The Firm will also be reimbursed for actual costs incurred in the provision of legal services including, but not limited to, filing fees, depositions, court reporter fees, witness fees, and other court related expenses, on-line research expenses, overnight delivery charges, copy and fax costs, long distance telephone costs, and other charges incurred in providing services to the City. The effective date for services under this Agreement shall be April 1, 2019. This Agreement may be terminated by either party upon sixty (60) days written notice. We appreciate your consideration of our Firm for representation in this matter. Should any additional information be required, please feel free to contact me. Otherwise, 1 request that you sign and return a copy of this A,(neement at your convenience. Si ccere�ly, Edward A. Dion ACCEPTANCE BY THE CITY OF SUNNY ISLES BEACH: Christo er 7. Russo City :Manager.