2023-10-03 V. C. Exhibit 3 • •
Exhibit 3
10/03/2023
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 the law firm
Nason, Yeager, Gerson, Harris & Fumero, P.A., located at: 750 Park of Commerce
Boulevard, Suite 210, Boca Raton, FL 33487 (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 Gregory Hyden and Stephen ("Steve") Conteaguero (the
"Designated Attorneys") serving as his alternate and/or backup, if and when needed. 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 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. The City Attorney, pursuant to this
Agreement, shall submit a monthly invoice on the 10th day of each month. For services outside
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the Scope of Work in Attachment A, the Firm will be compensated for special legal counsel
services at a discounted, blended governmental hourly rate of$295.00, as set forth in Attachment
B.
4. Duration and Termination. This Agreement is effective as of January 1, 2024.
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 750 Park of Commerce Boulevard, Suite 210, Boca
Raton, FL 33487.
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.
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
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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 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: J.,ane Gamiotea. CMC. City Clerk. City of Okeechobee (8631 763-9814:
Iamiotea@citvofokeechobee.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 written
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 respective 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
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.
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The parties hereto have caused this City of Okeechobee Legal Services Agreement to be
executed in duplicate this day of October, 2023.
Witness NASON, YEAGER, GERSON, HARRIS
& FUMERO, P.A.
[Signature]
By:
John J.Fumero, Esq.
[Printed Name] Shareholder
Attest: CITY OF OKEECHOBEE,FLORIDA
By: By:
Lane Gamiotea, CMC, City Clerk Dowling R. Watford, Jr.,Mayor
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Attachment A
Scope of Work
(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 hourly 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$9,900 per month for legal work described in the
Scope of Work provided in Attachment A.
2. Legal work outside Scope of Work
The Firm will be compensated for Special Counsel Legal Services that are outside of the
Scope of Work described in Attachment A at a discounted, blended governmental hourly rate as
follows:
(a) $295 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 Inside copies: $0.25/page
more than 100 pages 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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