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HomeMy WebLinkAboutReso 2024-3687RESOLUTION NO. 2024 - _ ff687 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SECOND AMENDMENT TO THE AGREEMENT WITH NABORS, GIBLIN & NICKERSON, P.A., FOR GENERAL PROFESSIONAL LEGAL SERVICES, IN AN AMOUNT NOT TO EXCEED SIXTY -THOUSAND DOLLARS AND NO CENTS ($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 Manager has requested that the Firm hold office hours for one (1) additional day per week, for a total of three (3) days per week ("Additional Office Day"); and WHEREAS, the Firm has agreed to the Additional Office Day and has submitted an amendment to the Agreement; and WHEREAS, the City Commission wishes to approve a second amendment to the Agreement with, the Firm for general professional legal services in an amount of Sixty Thousand Dollars and No Cents ($60,000.00), bringing the total yearly compensation to an amount not to exceed Two Hundred Forty Thousand Dollars and No Cents ($240,000.00), 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 Second Amendment. The City Commission hereby approves a second amendment to the Agreement with Nabors, Giblin & Nickerson, P.A., for general 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 Two Hundred Forty Thousand Dollars ($240,000.00), 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. @BCL@3COB2B32.doc Page 1 of 2` 205 PASSED AND ADOPTED this 18th day of July, 2024. risa Svechin, Mayor ATTEST: n n APPROVED AS TO FORM K II 1 AND LEGAL SUFFICIENCY: Mauriclo Betanjur, CMC, City Clerk &it� ain E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by: ��/��gt��i((� .����a Seconded by: Vote: Mayor Svechin(M (Yes) (No) Vice Mayor Lama� Yes) (No) Commissioner Joseph :;--(Yes) (No) Commissioner Stuyvesant (Yes) (No) Commissioner Viscarra (Yes) (No) @BCL@3COB2B32.doc Page 2 of 2 206 PLANTATION 8201 Peters Road Nabors Suite 1000 Plantation, Florida Tel (954) 315-0268 Tel Gl*blin& • NickersonP.A. ATTORNEYS AT LAW March 22, 2024 Stan Morris City Manager City of Sunny Isles Beach Sunny Isles Beach Government Center 18070 Collins Avenue Sunny Isles Beach, FL 33160 RE: Amendment to Retainer Agreement for Professional Legal Services Dear Mr. Morris: 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) 224-4070 Tel (850)224-4073 Fax Please accept this correspondence as confirmation of our agreement for a second amendment to the original letter agreement between the City of Sunny Isles Beach ("City") and Nabors, Giblin & Nickerson, P.A. ("Firm"), dated March 27, 2019. Specifically, as part of the Firm's general representation of the City as set forth in the original letter agreement, the Firm will hold office hours at the Government Center for one (1) additional day per week, for a total of three (3) days per week. The foregoing additional office hours shall increase the monthly retainer payable to the Firm by Five Thousand Dollars and No Cents ($5,000.00), resulting in an increase of the annual retainer to Two Hundred Forty Thousand Dollars and No Cents ($240,000.00). Subject to the approval of the City Commission, the effective date for the foregoing amendment shall commence and be retroactive to April 1, 2024. Except as specifically modified herein, all terms and conditions of the original letter agreement of March 27, 2019, as amended, shall remain in full force and effect. Sincerely, ALAIN E. BOILEAU For the Firm ACCEPTANCE BY THE CITY OF SUNNY ISLES BEACH: Date: Z Stan Morris, City Manager 207 F t . C,Tr 4F S:j �+ h�17 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners FROM: Stan Morris, City Manager DATE: July 18, 2024 RE: Approval of Additional Hours and Retainer Amount for the City Attorney's Office through Nabors, Giblin and Nickerson RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: Nabors, Giblin and Nickerson has been serving as the Office of the City Attorney since 2019. The current letter agreement provided for two days in the office with availability at all times remotely. Although the City Attorney is available to serve the city at all times, there is a recognized benefit to in-person meetings and consultations. With the current and projected workload, it is recommended to increase the in -office days from two to three. The additional office hours shall increase the monthly retainer to Nabors, Giblin and Nickerson by $5,000.00, resulting in a total annual retainer of $240,000.00. This increase does not require a budget amendment as it has already been budgeted in anticipation of this need. FUNDING SOURCE: Funds are appropriated in account 001-2-5140-431011-00000. ATTACHMENTS: Resolution Second Amendment Item Number: 101 204