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97-22438 RESO RESOLUTION NO. 97-22438 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO AN INTERLOCAL AGREEMENT BETWEEN BROW ARD COUNTY AND THE CITY OF MIAMI BEACH FOR THE UTILIZATION OF THE LEGAL SERVICES OF THE BROW ARD COUNTY ATTORNEY'S OFFICE FOR WORKERS' COMPENSATION LITIGATION, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT. WHEREAS, the City Attorney of the City of Miami Beach has sought ways to reduce the Ci :y'~: litigation expenses by sharing attorneys services with other governmental entities; and WHEREAS, between May of 1992 and March of 1994, the City expended approximately $2 )0 000 for outside counsel fees for workers' compensation litigation; and WHEREAS, in order to reduce the cost of legal representation in workers' compensation ca,es, the City of Miami Beach (the "City") entered into an Interlocal Agreement with Broward Cc unty on October 1, 1994 (the "Agreement") for the utilization ofthe legal services of the Broward Cc unty Attorney's Office for representation in workers' compensation litigation; and WHEREAS, the Broward County Attorney's Office has a workers' compensation litigation se :tion headed by an attorney who the City of Miami Beach has previously employed to handle wClrbrs' compensation litigation; and WHEREAS, the City has improved the efficiency and significantly reduced the costs oflegal re >resentation in workers' compensation litigation by utilizing the legal services of the Broward Cc1urty Attorney's Office and, therefore, desires to continue to retain the services of the Broward Cc urty Attorney's Office in workers' compensation litigation; and WHEREAS, since the effective date of the Agreement on October 1, 1994, there has been ne increase in the compensation received by the Broward County Attorney's Office for its legal se vi,;es in the area of workers' compensation; and WHEREAS, pursuant to the First Amendment to the Interlocal Agreement, which is attached he ~et) as Exhibit "A" and incorporate herein, additional compensation of $2,000 per quarter shall co lli!lence on October 1, 1997 and terminate on September 30, 1998, subject to automatic renewal unless terminated by either party as provided by the terms therein; and WHEREAS, Broward County is agreeable to continue to allow its County Attorney to pr wJlde legal assistance for and representation of the City of Miami Beach in its workers' cc mpensation matters pursuant to the terms of the First Amendment to the lnterlocal Agreement; ani NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY 01 IMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Olm mission hereby approve the attached First Amendment to the lnterlocal Agreement between Bro""ard County and the City of Miami Beach for utilization of legal services of the Broward County Altorney's Office for workers' compensation litigation and that the Mayor and City Clerk are hereby aUlthclrized to execute same. PASSED and ADOPTED this 18th day of June A"IlTEST: (--) _-\o~o- {J~ e TY CLERK OJ \k~ F:IA rTO\ fURN\RESOSILEGLSVCS.RES APPROVED AS TO FORM & LANGUAGE & FOR EXECunON ~ ~Ii~" 7 f Date 2 RESOLUTION NO. 97-22438 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO AN INTERLOCAL AGREEMENT BETWEEN BROW ARD COUNTY AND THE CITY OF MIAMI BEACH FOR THE UTILIZATION OF THE LEGAL SERVICES OF THE BROW ARD COUNTY ATTORNEY'S OFFICE FOR WORKERS' COMPENSATION LITIGATION, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT. WHEREAS, the City Attorney of the City of Miami Beach has sought ways to reduce the Cit) 's litigation expenses by sharing attorneys services with other governmental entities; and WHEREAS, between May of 1992 and March of 1994, the City expended approximately $20 ),000 for outside counsel fees for workers' compensation litigation; and WHEREAS, in order to reduce the cost of legal representation in workers' compensation caSt s,:he City of Miami Beach (the "City") entered into an lnterlocal Agreement with Broward Cou It} on October 1, 1994 (the "Agreement") for the utilization of the legal services of the Broward Cou It} Attorney's Office for representation in workers' compensation litigation; and WHEREAS, the Broward County Attorney's Office has a workers' compensation litigation sect on headed by an attorney who the City of Miami Beach has previously employed to handle worl:en' compensation litigation; and WHEREAS, the City has improved the efficiency and significantly reduced the costs oflegal repr,:sentation in workers' compensation litigation by utilizing the legal services of the Broward Cou lty Attorney's Office and, therefore, desires to continue to retain the services of the Broward COUlty Attorney's Office in workers' compensation litigation; and WHEREAS, since the effective date of the Agreement on October 1, 1994, there has been no incr~ase in the compensation received by the Broward County Attorney's Office for its legal servi~e~; in the area of workers' compensation; and WHEREAS, pursuant to the First Amendment to the lnterlocal Agreement, which is attached here10 ,.s Exhibit "A" and incorporate herein, additional compensation of $2,000 per quarter shall commence on October 1, 1997 and terminate on September 30, 1998, subject to automatic renewal unle~ s t ~rminated by either party as provided by the terms therein; and WHEREAS, Broward County is agreeable to continue to allow its County Attorney to pr01id,~ legal assistance for and representation of the City of Miami Beach in its workers' corr pe tlsation matters pursuant to the terms of the First Amendment to the lnterlocal Agreement; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COVUvlISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Conmission hereby approve the attached First Amendment to the lnterlocal Agreement between Bro vard County and the City of Miami Beach for utilization oflegal services ofthe Broward County Attcrnl:Y's Office for workers' compensation litigation and that the Mayor and City Clerk are hereby autrorized to execute same. PASSED and ADOPTED this 18th day of June AT"EST: J~ow r~ CIl Y CLERK DJT\~ N F:IATT' 'ITV IN\RESOSILEGLSVCS.RES APPROVED AS TO FORM & lANGUAGE & FOR EXECunON 1t1~ Ci", Attorney t,lh/~ 7 I Date 2 OFFICE OF THE CITY ATTORNEY ~ o/JIdmni 1l~ F L o R o A MURRAY .'I. DUBBIN ~ City At:orney Telephone: TeIecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM NO. -d 3~. -CJl DATE: JUNE 18, 1997 TO MAYOR SEYMOUR GELBER MEMBERS OF THE CITY COMMISSION FR')M: MURRAYDUBBIN..A. ~/,J~ CITY ATTORNEY ~ ~ JOSE GARCIA-PEDROSA hJ CITY MANAGER "1 SUlJECT: FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROW ARD COUNTY AND THE CITY OF MIAMI BEACH FOR UTILIZATION OF THE LEGAL SERVICES OF THE BROW ARD COUNTY ATTORNEY'S OFFICE FOR WORKER'S COMPENSATION LITIGATION On October 1, 1994, the City of Miami Beach entered into an Interlocal Agreement with Brc Weird County to utilize the legal services of the Broward County Attorney's Office for rep'es ~ntation in worker's compensation litigation. Since that time, the City has significantly red'lced the costs oflegal representation in worker's compensation matters and desires to continue to r.:ta.n the services of the Broward County Attorney's Office in this regard. Since the entering of the A~;reement, there has been no increase in the compensation received by the Broward County Attl mu:y's Office for these legal services. Pursuant to the attached First Amendment to the Interlocal AgI,eement, additional compensation of$2,000 per quarter will commence on October 1, 1997 and terrlinate on September 30, 1998 subject to automatic renewal unless terminated by either party as pro rided therein. As it would be in the best interests of the City to continue to retain the services oftle .3roward County Attorney's Office in these cases, the City Attorney's Office recommends that the attached Resolution approving the First Amendment to the Interlocal Agreement be adopted. DJ1IJ<, F:IAT DlTl'RN\RESOSILEGLSYCS.MEM Attaclme nt 1700 Convention Center Drive - Fourth Floor - Miami: Agenda Item R.i 0 Date ~-\ 8 -'1-+-- OFFICE OF THE CITY ATTORNEY ~ ~JIUomi 1/t:tuh F L o R o A / MURRAY H, DUBBIN-- City Attorney Telephone: Telecopy: (305) 673-74'70 (305) 673-7002 COMMISSION MEMORANDUM NO. J 34 - CJ l DATE: JUNE 18, 1997 T< I: MAYOR SEYMOUR GELBER MEMBERS OF THE CITY COMMISSION FI.oM: MURRAY DUBBIN ..h ~"J~ CITY ATTORNEY 1ft ~ JOSE GARCIA-PEDROSA !JJJ CITY MANAGER 'If Sl rB.rECT: FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROW ARD COUNTY AND THE CITY OF MIAMI BEACH FOR UTILIZATION OF THE LEGAL SERVICES OF THE BROW ARD COUNTY ATTORNEY'S OFFICE FOR WORKER'S COMPENSATION LITIGATION On October 1, 1994, the City of Miami Beach entered into an Interlocal Agreement with Br )ward County to utilize the legal services of the Broward County Attorney's Office for repre~entation in worker's compensation litigation. Since that time, the City has significantly re< uced the costs of legal representation in worker's compensation matters and desires to continue to .etain the services of the Broward County Attorney's Office in this regard. Since the entering of tht Agreement, there has been no increase in the compensation received by the Broward County Atoney's Office for these legal services. Pursuant to the attached First Amendment to the Interlocal A! reGment, additional compensation of $2,000 per quarter will commence on October 1, 1997 and ter nbate on September 30, 1998 subject to automatic renewal unless terminated by either party as pn1vi fed therein. As it would be in the best interests of the City to continue to retain the services of:he Broward County Attorney's Office in these cases, the City Attorney's Office recommends that tht attached Resolution approving the First Amendment to the Interlocal Agreement be adopted. DIT\ w F:IA' TOITURNlRESOSILEGLSYCS.MEM AU; :;hrr ent 1700 Convention Center Drive - Fourth Floor - Miami: Agenda Item ~ 1 -3 I1ate ~-\ 8 -~l-- FIRST AMENDMENT TO INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF MIAMI BEACH for UTILIZATION OF THE LEGAL SERVICES OF THE BROWARD COUNTY ATTORNEY'S OFFICE FIRST AMENDMENT TO INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF MIAMI BEACH for UTILIZATION OF THE LEGAL SERVICES OF THE BROWARD COUNTY ATTORNEY'S OFFICE HEREAS, CITY desires to continue to retain the services of legal counsel for \lOl'ker ' compensation; and his is a First Amendment to the Interlocal Agreement between: BROWARD , a political subdivision of the state of Florida ("COUNTY"), and CITY OF MIAMI , a municipal corporation within the state of Florida ("CITY"). WIT N E SSE T H: HEREAS, COUNTY and CITY entered into an Interlocal Agreement as of OctDbe 1, 1994, for utilization of the legal services of the Broward County Attorney's Office f x 'Nor ers' compensation, hereinafter referred to as the "Agreement"; and HEREAS, CITY desires to continue to utilize the legal services for workers' sat ion of the COUNTY; and EREAS, the CITY desires to continue to retain the Broward County Attorney's ()ff ce serve as workers' compensation counsel to the CITY; and HEREAS, the COUNTY is agreeable to continue to allow its County Attorney to provid legal assistance for and representation of the CITY in its workers' compensation natter ; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and Ilayments hereinafter set forth, COUNTY and CITY agree as follows: 1. Article II, TERM, of the Agreement is hereby amended as follows: -1- I. TERM . The ontinuation of the term of this First Amendment to Interlocal A reement shall be r the eriod of one 1 ear commencin October 1 1997 and terminatin on e tember 30 1998. This First Amendment to the Interlocal Agreement shall be utomatically renewed to September 30 of each subsequent year unless terminated y either party upon the giving of written notice at least one hundred twenty (120) ays prior to the expiration of the then existing term. At least one hundred twenty 120) days prior to such renewal, the COUNTY shall notify the City of Miami Beach i writing of the proposed fee, on a quarterly basis, for the renewal period. his First Amendment to Interlocal Agreement may be terminated, without cause, y either party by providing no less than one hundred twenty (120) days written otice to the other party, . Article III, COMPENSATION, of the Agreement is hereby amended to add a new ~ aragr ph as follows: II. COMPENSATION N WITNESS WHEREOF, the parties have made and executed this First ment to the Interlocal Agreement on the respective dates under each signature: 13RD RD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by cine.! th ough its Chair fl Vic~ Chair, authorized to execute same by Board action on the __ \..A~~ day of UlL-~;:1"' , 1997; and the CITY OF MIAMI BEACH, 'hrJug its BOARD OF CI .. COMMISSIONERS, signing by and through its Chairperson, clluthor ed to execute same by Board action on the 18th day of June , 1997. . All other terms and conditions which were codified in the Agreement not d herein shall remain in full force and effect. -2- FIF::ST MENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY /\ND C TV OF MIAMI BEACH FOR UTILIZATION OF THE LEGAL SERVICES OF THE BRO RD COUNTY ATTORNEY'S OFFICE COUNTY BROWARD COUNTY, through its BOARD OF C{t>UN OMMISSIONERS //; kZ. Chai ~~ -~ Goun Administrator and Ex-Offi io Clerk of the [:loHrd f County Commissioners (If Bro ard County, Florida By '.h I)~_ I.L day oL.i,-ff" , 1997, ,,,,.,,r~i/'u(J..#..., _t" > C' ';.1 '\. :t e ~\. ~~"'...,.,,;- ,r (11,~.t"'~I~j \'~ ',-:,,, 41., .. I l _ .., ,-r _ \ lit ., ;. .,. j' I. ~ . ~', (} ...... .t; .i"' ...~ "f.ol;+ >1 ...~ 1\"':". ..,. .:.;~\.. ,,' <1:':-.. . . <~. \ -:. ~.. -..-.;'. .,.... , ;,..'~ ","""".0:::0 -..: \~>) \. ~.::: '" 1~ ~ t f '" j--..! t.. t . u'-- ~ '_' 'It ....,1. ..'"' .. . :, '. .., '.."r~." ole.; r · .. "I.. '_.1 1J f..J \J 1. 1 '- ., ~ ~ ~'\5" ~~: ~ .. . (' hi $2. ~ ~ ...~~ ~{.::: ~ ..Q(1... ~.. If ~ .. . '.\', A.o ..... ":t. '..ZD COUW;.. ,r "=- ........ ,,' ........ * ,I' '", "., -"",,,"*,,,,,,, Approved as to the form by Office of the County Attorney Broward County, Florida JOHN J. COPELAN, JR., County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 . Telecopier: (954) 357-7641 '~BY ~~~~~:~1!~' -r Deputy County Attorney -3- FIR:ST MENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY )\ND C TY OF MIAMI BEACH FOR UTILIZATION OF THE LEGAL SERVICES OF THE I::ROW RD COUNTY ATTORNEY'S OFFICE CITY " ! ) _t.D OAck (~ity CI rk of the Cit~' of iami Beach, l'lorida \MB,eIeI ~'ljamibch.a 3 ~20/,17 ~34-; 24 By .. day of ,1997 Approved as to form by Office of the City Attorney City of Miami Beach, Florida MURRAY DUBBIN, City Attorney 1700 Convention Center Drive Fourth Floor Miami Beach, Florida 33139 BY~ MUR A . DUBBIN City ttorney day of ,1997 -4-