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IL
Okeechobee
FLORIDA • Founded 1915
Memo
To: Mayor Dowling R. Watford Jr.
City Council:
Wes Abney
Monica Clark
Bob Jarriel
Bobby Keefe
From: City Administrator Marcos Mantes De Oca, P.
RE. City Attorney Legal Services Contract
December 16, 2019
As directed by the City Council at the December 3, 2019 meeting, attached for your review are two
contracts for City Attorney Legal Services in response to RFQ NO. ADM 01-00-10-19.
Page 1
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City of Okeechobee
City Attorney Legal Services Agreement
The City of Okeechobee, a Florida municipal corporation, with its principal place of
business located at 55 S.E. 3rd Avenue Okeechobee, Florida 34974 (the “City”) and Nason,
Yeager, Gerson, Harris & Fumero, P.A., Attorneys at Law, with offices located at: 3001 PGA
Boulevard, Suite 305, Palm Beach Gardens, Florida 33410 (the “Firm”), for and in consideration
of the mutual covenants contained in this City Attorney Legal Services Agreement (the
“Agreement”) and other good and valuable consideration, mutually agree as follows:
Background
The City requires the retention of a City Attorney and has reviewed the qualifications
submitted by law firms pursuant to a solicitation for requests for qualifications. The City
determined that the Firm is qualified and capable to serve as City Attorney. The City and the Firm
desire to engage in a stable and flexible long-term contractual relationship whereby the City can
recognize pricing efficiencies for legal services and the Firm is available to provide service as City
Attorney as required by its Charter, as well as additional legal services on an as-needed basis, in a
cost effective manner.
Terms and Conditions
1. The Firm as City Attorney. The Firm will provide legal services as the City
Attorney to the City. For purposes of this Agreement, the primary attorney to serve as City
Attorney shall be John J. Fumero with Carlyn H. Kowalsky and John (“Jack”) K. Rice serving as
his alternate and/or backup, if and when needed (the “Designated Attorneys”). Further, the City
shall have access to the complete complement of practice groups and breadth of experience of the
other attorneys at the Firm on an “as needed” basis to provide legal services to the City,
commensurate with this Agreement. Accordingly, the Firm was selected based upon the Firm’s
substantive and unique knowledge of governmental law, and the City’s legal priorities and needs.
2. Legal Services. The Firm shall perform all of the legal services customarily
associated with the City Attorney, and the Office of the City Attorney, for the benefit of the City
Council and the City, as set forth in Attachment A, and such other services directed or requested
from time-to-time by the City Council or City Administrator. Among other things, the Firm shall
develop and implement plans for the effective and efficient provision of legal services and support
for the City, City Administrator, and operation of the City’s Office of the City Attorney. The Firm
shall also develop plans and internal processes to enhance the accountability and interaction of the
City Attorney’s Office with the City Council, City Administrator and City staff.
3. Compensation, Terms, and Conditions. The Firm shall perform the City
Attorney legal services set forth in Attachment A. To determine a reasonable and accurate legal
services budget and monthly flat fee, the City Attorney shall bill their time on an hourly basis for
a period of time not to exceed 90 days. Within this time, City Attorney, based on upon its actual
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experience in providing legal services to the City, as well as understanding the City’s needs and
priorities as established by City Council and the City Administrator, shall develop and propose a
monthly flat fee for City Attorney legal services. Once the monthly flat fee is established and
agreed upon, thereafter, the City Attorney pursuant to this Agreement shall submit a monthly
invoice on the 5th day of each month. For services outside the Scope of Work in Exhibit A, the
Firm will be compensated for special legal counsel services at a discounted, blended governmental
hourly rate of $275.00, as set forth in Attachment B.
4. Duration and Termination. This Agreement (the “Agreement”) is effective as of
January 1, 2020. The Firm shall provide City Attorney legal services at the will of the City Council.
The Firm may terminate this Agreement by providing the City thirty (30) days prior written notice
of its intent to terminate.
5. Administration. For ease and convenience of administration, and to the extent not
in conflict with the City Council, the City Council hereby authorizes and designates the City
Administrator to provide additional policy direction and instructions to the Designated Attorneys
and the Firm in the administration of the duties of the City Attorney as set forth herein, and to
manage and administer the terms and provisions of this Agreement on behalf of the City Council.
6. Insurance. The Firm shall maintain in full force and effect malpractice insurance
coverage in an amount of not less than $1,000,000 per claim and $1,000,000 policy limit aggregate
and shall from time-to-time provide the City with evidence of such insurance.
7. Notices. All notices under this Agreement shall be in writing and shall be provided
to the City, attention City Administrator, at 55 S.E. 3rd Avenue Okeechobee, Florida 34974, and
to the Firm, attention John J. Fumero, at 3001 PGA Boulevard, Suite 305, Palm Beach Gardens,
Florida 33410.
8. Severability. If any provision or portion of this Agreement is held to be
unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof,
shall be deemed to be severable and shall remain in full force and effect.
9. Non-Liability for Costs and Expenses. The Firm shall be reimbursed by City for
any actual reasonable and necessary expenses paid by the Firm in connection with the carrying out
of its duties hereunder.
10. Appointment. The City Council hereby appoints the Designated Attorneys,
through the Firm, as City Attorney for the City of Okeechobee. The City Administrator is directed
and authorized to use and consult with the Firm for City.
11. Acknowledgement of Exclusion of Worker’s Compensation Coverage. The
Firm herein expressly agrees and acknowledges that it is an independent contractor. As such, it is
expressly agreed and understood between the parties hereto, in entering into this professional
services contract, that City shall not be liable to the Firm for any benefits or coverage as provided
by the Worker’s Compensation Law of the State of Florida.
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12. Conflict of Interest. The Firm, by signing this Agreement, covenants that it has
no public or private interest, direct or indirect, and shall not acquire directly or indirectly any such
interest which shall conflict in any manner with the performance of the City Attorney’s services
and obligations under this Agreement. The Firm further agrees that, in the performance of this
contract, no person having such an interest as described above shall be employed.
13. Public Records. The Firm shall maintain files, available for inspection by the City
Administrator or his designee, containing documentation of costs and fees incurred in connection
with this Agreement. In accordance with Chapter 119, Florida Statutes, any documents of any
nature produced pursuant to this Agreement shall be a public record to the extent required by law.
Anything that is produced by or developed in connection with this Agreement shall remain the
exclusive property of the City and may not be copyrighted, patented, or otherwise restricted as
provided by Florida Statutes. Neither the Firm nor any other individual employed under this
Agreement shall have any proprietary interest in any product(s) delivered under this Agreement.
The reasonable cost of preparing and photocopying the documents for the City may be charged for
said services.
IF THE CONTRACTOR HAS QUESTIONS REGARD ING 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: Lane Gamiotea, CMC, City Clerk, City of Okeechobee (863)
763-9814; lgamiotea@cityofokeechobee.com; 55 S.E. 3rd Avenue Room 100,
Okeechobee, Florida 34974.
14. Amendments. Any party may, from time-to-time, request changes under this
Agreement. Such changes, which are mutually agreed upon, shall be incorporated in wri tten
amendments to this Agreement.
15. Entire Agreement. This instrument, including any attachments, embodies the
entire agreement of the parties. There are no other provisions, terms, conditions, or obligations.
This Agreement supersedes all previous oral or written communications, representations or
agreements on this subject.
16. Liability. The City shall defend the actions of the Firm in performing legal services
on behalf of the City. As required by the City, the Firm shall maintain for their r espective law
firms, during the period of this Agreement, a professional liability insurance policy or policies
professional liability coverage for the professional services to be rendered to the City under this
Agreement.
17. Powers Conferred on City Attorney. The Firm has the authority to file any papers
necessary and proper in any action which it is authorized to prosecute or defend on behalf of the
City, and the right and authority to do any and all things necessary and proper to protect the interest
of the City. Any attorney employed by the Firm may provide legal support services or
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representation under this Agreement.
18. City Attorney Client. The City of Okeechobee, acting by and through its City
Council, as a collegial body, shall be considered the Firm’s client.
The parties hereto have caused this City of Okeechobee Legal Services Agreement to be
executed in duplicate this _____ day of December, 2019.
Witness NASON, YEAGER, GERSON, HARRIS
& FUMERO, P.A.
[Signature]
By:
John J. Fumero, Esq.
[Printed Name] Partner
Attest: CITY OF OKEECHOBEE, FLORIDA
By: By:
Dowling R. Watford, Jr., Mayor
______________________________
[Printed Name]
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Attachment A
City Attorney Legal Services
(A) The Firm will provide legal services as City Attorney to the City consistent with the
Charter of the City.
(B) The City Attorney retainer services described herein are to be provided in conjunction
with efforts of the City Council, designated officials and staff of the City and designated officials from
the City including the City Administrator and City Clerk. Additional Special Counsel Legal Services
and Operational Review Services may also be provided by the Firm on an h ourly basis, as specified
in Attachment B, or as otherwise approved by the City Council.
(C) City Attorney Legal Services shall encompass the following:
(1) Prepare for and attend City Council meetings and workshops, attorney/client
sessions, if and when deemed necessary, in addition to participate in the preparation and review
of agendas for meetings of the City Council; and
(2) Participate in Code Enforcement Board, Planning and Zoning/Board of
Adjustment and Technical Review Committee Meetings; and
(3) Review, and/or approve ordinances, resolutions, and contracts presented to the
City Council; and
(4) Participate in periodic conference calls at a time to be mutually determined by
the City Administrator and City Attorney to identify and discuss outstanding issues, and City
priorities; and
(5) Provide legal advice to City Council members and participate in individual
conference calls with City Council members in order to provide advice regarding upcoming
City Council agenda items; and
(6) Meetings with City Administrator and City staff, if and when necessary; and
(7) Monitor and report on the progress of services handled or represented by other
outside legal counsel.
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Attachment B
Compensation for City Attorney Services
1. Monthly Fee
The Firm will be compensated $9,400 per month for legal work described in the
Scope of Services provided in Attachment A.
2. Legal work outside Scope of Services
The Firm will be compensated for Special Counsel Legal Services that are outside of the
Scope of Services described in Attachment A at a discounted, blended governmental hourly rate
as follows:
(a) $275 per hour of attorney time; and
(b) $80 per hour of certified paralegal time.
3. Costs and Expenses
The Firm shall only charge for actual costs and expenses incurred and invoiced by this Finn
on behalf of this engagement. Prior written authorization to proceed with Special Legal Counsel and
Operation Review Services is required. Attachment 1 sets forth the most commonly incurred costs
and expenses. The Firm may advance these costs and seek reimbursement, with the underlying
documentation, in our billings. There shall be no other administrative fees or costs charged to the
City.
4. Invoicing and Payment
The Firm shall invoice the City on a monthly basis for services rendered and any expenses
incurred in connection with the Firm's representation of the City. See Attachment 1. To ensure
accountability and transparency, monthly invoicing shall provide detail on the individual who
provided services, the amount of time incurred, and a summary of the services provided.
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ATTACHMENT 1
Cost/Expense Typical Charges
Computer Research Actual usage.
Court Reporters Direct invoice from vendor to client or paid from retainer.
Delivery Charges Actual amount invoiced to firm.
Mode of delivery based on need and economy.
Messenger Service Actual amount invoiced to the firm.
Overnight Express Actual amount invoiced to the film.
Telefacsimile Outgoing: No charge
Incoming: No charge
Photocopying for large jobs
more than 100 pages
Inside copies: $0.25/page
Outside services: Actual amount invoiced to firm.
Secretarial Overtime No charge
Telephone Charges Actual long distance.
Temporary Help Actual amount invoiced to the firm.
Travel-Local/Surface Reasonable mileage or actual rental charges.
Travel-Out-of-Town Intrastate: Actual common carrier charges for coach.
Interstate: Actual common carrier charges for business class.
Meals/Accommodations: Lowest corporate seasonal rate
available, reasonable business related meal expenses.
Word Processing No charge
Other Expenses Actual cost invoiced to the firm. In selected cases, these items may
be directly invoiced from vendor to client.
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AGREEMENT FOR REPRESENTATION AND FEES
THIS IS AN AGREEMENT between the CITY OF OKEECHOBEE, a Florida
municipal corporation, with a mailing address is 55 SE 3rd Avenue, Suite 201, Okeechobee, FL
34974 (herein called “City”) and SWAINE, HARRIS & WOHL, P.A., Attorneys at Law, with
an address at 425 South Commerce Avenue, Sebring, Florida 33870 (herein called “Attorneys”).
W I T N E S S E T H
In consideration of the services agreed to be performed by Attorneys and the fees to be
paid by the City, the parties agree as follows:
1. Scope. The City, acting by and through its City Council, hereby retains Attorneys
to perform all necessary legal work for the City, except for certain limited legal matters in which
the City will be represented by an attorney specializing in that area of law. Attorneys hereby accept
such employment and agree to render and perform such legal services and furnish all advice
relevant to such legal matters for the City.
2. Services. The services will be performed by attorneys licensed to practice in the
State of Florida, and by paralegals or legal assistants (non-lawyers working under the direct
supervision of an attorney) with specialized training or experience in such legal matters. Attorneys
will provide legal consultation and advice to the City and its principals, which will include:
a. Serve as legal advisor to the Mayor and City Council during the conduct of City
Council meetings;
b. Advise the Mayor, City Council, City Officers, and City boards, committees, and
personnel regarding legal matters arising in performance of their duties;
c. Attend the City Council meetings and board and committee meetings as requested,
including Code Enforcement Special Magistrate proceedings;
d. Prepare ordinances, resolutions, contracts, and other documents as requested;
e. Prepare for and represent the City in litigation, administrative hearings, and appeals to
which the City may be a party;
f. Recommend and coordinate the engagement of special counsel when needed, as
determined by the City Council; and
g. Perform such other duties in accordance with City Ordinances or as may be required
by the City Council.
3. Compensation. City hereby agrees to pay Attorneys, as compensation for the
professional time spent by attorneys, paralegals, and legal assistants performing the services, the
following rates: $195.00 per hour for services provided by attorneys Bert J. Harris, III, J. Michael
Swaine, Robert S. Swaine, and Thomas J. Wohl; $175 per hour for services provided by attorneys
Jocelyn K. Skipper and Shannon L. Nash; and $85.00 per hour for paralegals and legal assistants.
Travel time shall be charged at the above-listed hourly rates.
4. Excluded Services. This Agreement does not include lobbying before the State of
Florida or its Agencies, or addressing issues concerning employment disputes, pension plans, or
union matters. As necessary, Attorneys will assist in the coordination, engagement, and monitoring
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of special counsel for provision of these services. Preparation for the issuance and sale of City
bonds may be performed at a separately negotiated rate.
5. Expenses Additional. In addition to fees for services, the City shall pay Attorneys
costs which Attorneys have paid or will be required to pay during their representation of City.
These expenses may include, but shall not be limited to, court costs, computer research costs,
deposition costs, long-distance telephone costs, reproduction costs, service of process, cost of
publication, witness fees, expert witness fees, and all other expenses Attorneys consider reasonably
necessary for the proper representation of the City. Additionally, City shall pay Attorneys for
mileage for all travel at the IRS standard rate set for business use. These expenses shall not be a
part of the fees herein agreed to be paid, but shall be in addition thereto.
6. Term of Agreement. The term of this contract shall begin January 1, 2020 and end
December 31, 2020, unless terminated earlier by either party. City may terminate this agreement
at any time and for any reason with no advance notice to Attorneys. Attorneys may terminate this
agreement for any reason by giving sixty (60) days written notice to the City. The parties may
extend this agreement from year to year.
7. Records. All papers, records, documents, exhibits, or other items delivered to
Attorneys by City shall be returned to City at the conclusion of representation in each particular
matter, at the request of City. All papers produced by Attorneys and all research and other work
done by Attorneys shall remain the property of Attorneys. Compliance with Florida’s Public
Record Law shall be adhered to by both parties.
8. Execution. The parties hereby acknowledge that two identical complete
agreements are being executed, one to be retained in the possession of each party, either of which
shall constitute and be considered an original for all purposes.
DATED this 17th day of December, 2019.
SWAINE, HARRIS & WOHL, P.A.
By:_______________________________
Bert J. Harris, III, President
CITY OF OKEECHOBEE
By: ______________________________
Dowling R. Watford, Jr., City Mayor
ATTEST:
_________________________________
Lane Gamiotea, City Clerk