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HomeMy WebLinkAbout2006-26177 ResoRESOLUTION NO, 2006 -26177 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RELATING TO THE CITY ATTORNEY RECOGNIZING HIS EXEMPLARY SERVICE TO THE CITY FOR OVER TEN AND A HALF YEARS; RETAINING HIM AS SPECIAL COUNSEL, FOR A FIVE MONTH PERIOD; APPROVING AN AGREEMENT BETWEEN THE CITY AND MURRAY H. DUBBIN FOR SEPARATION AND CONTINUING SERVICE; SETTING AN EFFECTIVE DATE. WHEREAS, Murray H. Dubbin has completed over ten and one half years of creditable service as City Attorney for the City; and WHEREAS, he served five months as Interim City Attorney prior to assuming the position of City Attorney; and WHEREAS, Murray H. Dubbin has served the City in an exemplary manner, providing thoughtful legal counsel during periods of unprecedented stress and change, assisting the City's transition into the 21St Century and the City desires to acknowledge and express appreciation for such service; and WHEREAS, Murray H. Dubbin, through his professional service to the City, has developed unique knowledge and expertise on matters of continuing importance to the City , which the City deems to be of great value and desires to have available on a contractual basis for a period of time subsequent to his intended retirement; and WHEREAS, Murray H. Dubbin is willing and desirous of providing such contracted service on the Special Legal Counsel basis as set forth in that Agreement Between the City of Miami Beach, Florida, and Murray H. Dubbin, Esq. which is submitted herewith and made a part of this Resolution. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: Section One The aforegoing recitals are true and are adopted in their entirety. Section Two That document titled Agreement Between the City of Miami Beach, Florida, and Murray H. Dubbin, Esq. for Separation and Continuing Services is hereby approved and adopted and the Mayor and Clerk are authorized and directed to execute said Agreement. Section Three This Resolution shall take effect upon ad • , ion. PASSED and ADOPTED this 11th day ATTEST: duiV,' tut CITY CLERK Robert Parcher MHD:lm F:\ atto\DUBM \RESOLUTI\DUBBINAGR.doc 2 , 2006. MAYOR David Dermer APPROVED AS TO FORM & LANGUAGE & FOR CUTION P MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Members of the City Commission FROM: Mayor David Dermer -(. Jorge M. Gonzalez, City Manager DATE: April II' 2006 SUBJECT: A RESOLUTION RELATING TO CITY ATTORNEY MURRAY H. DUBBIN ADMINISTRATION RECOMMENDATION: Adopt the Resolution. ANALYSIS: Our City Attorney Murray H. Dubbin has announced his intention to retire as City Attorney. This shall formally occur at the regular Commission Meeting April 11, 2006 after adoption of the attached Resolution and Agreement. He will continue as a full time City employee (designated Special Counsel) through April 20, 2006, during which time his present compensation and allowances shall continue in effect. Murray was designated Interim City Attorney in June, 1995. He was sworn in as City Attorney effective October 15, 1995 and has served continuously since that time. During his tenure he reorganized the City Attorney's Office, encouraged, mentored and assisted legal staff to attain excellence, engaged new attorneys based upon their scholarship, skills and accomplishments and developed one of the most effective local government law department's in the state. The office is recognized for its expertise in Burt Harris issues, complex land use issues, sexual offender protection, ethics, employment and personnel issues and numerous other areas. Murray has personally demonstrated strong leadership, knowledgeable opinions, and a good sense of humor, while steering the City through and around legal shoals. It is our recommendation, joined by the incoming City Attorney, that Murray be retained as special counsel for a period beginning April 21, 2006 and continuing for five months. His service will include ensuring a smooth transition of leadership in the Legal Department and, as special counsel, he will be available on a first priority basis to assist the incoming City Attorney and other City officials, as needed and as requested by the City Attorney. We have negotiated an Agreement for Separation and Retention as Special Counsel for the above purposes which accompany the attached Resolution. The Agreement provides for fair compensation for continuing services as well as modest recognition of and expression of gratitude for the almost eleven years Murray has devoted to the City. Accordingly, we recommend the adoption of the resolution. Agenda Item I`]I Date SF -(( -0G AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND MURRAY H. DUBBIN, ESQ. FOR SEPARATION AND CONTINUING SERVICES THIS AGREEMENT made this 11th day of April , 2006 by and between the CITY OF MIAMI BEACH, FLORIDA (City), which term shall include its officials, successors, legal representatives, and assigns, and MURRAY H. DUBBIN (Counsel). RECITALS WHEREAS, Murray H. Dubbin has completed ten and one half years of creditable service as City Attorney for the City; and WHEREAS, he served five months as Interim City Attorney prior to assuming the position of City Attorney; and WHEREAS, Murray H. Dubbin has served the City in an exemplary manner, providing thoughtful legal counsel during periods of unprecedented stress and change, assisting the City's transition into the 21St Century and the City desires to acknowledge and express appreciation for such service; and WHEREAS, Murray H. Dubbin, through his professional service to the City, has developed unique knowledge and expertise on matters of continuing importance to the City , which the City deems to be of great value and desires to have available on a contractual basis for a period of time subsequent to his intended retirement as of April 20, 2006; and WHEREAS, Murray H. Dubbin is willing and desirous of providing such contracted service on the following Special Legal Counsel basis as hereafter set forth. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: SECTION 1 DEFINITIONS Agreement: This written Agreement between the City and Counsel. Manager: "Manager" means the Chief Administrative Officer of the City. City Attorney: City Attorney means the individual designated as City Attorney pursuant to the Charter, Article III. Counsel: Means Murray H. Dubbin, Special Counsel. Counsel shall continue as full time City Employee maintaining his salary and allowances as City Attorney through April 20, 2006. Commencing April 21, 2006 Counsel shall not be deemed to be an employee of the City for purposes of withholding or Social Security Taxes, or employee benefits, except as otherwise provided herein. Services: All services, work and actions by Counsel undertaken and performed pursuant to this Agreement more fully described in Section 2. SECTION 2 SCOPE OF WORK AND SERVICES REQUIRED FOR CITY The scope of work to be performed by Counsel as follows: 2.1 (a) Pending Transactions and Law Suits: Counsel will be available to consult with and assist the City Attorney's Office and the Manager or their designees in any actions or transactions commenced prior to this date and currently pending as well as any other and subsequently arising matter in which he may be of assistance, as determined by the City Attorney. (b)Transition: Counsel will be available to consult with the City Attorney and Manager to aid in the transition, as needed. (c) Assist the City Attorney, the Manager and other City Officials in other legal duties as assigned. 2.2 Counsel agrees to provide legal services on a first priority basis, at the request of the City Attorney for the term of this Agreement. 2.3 Counsel may provide mediation, arbitration and legal services to third parties. Counsel agrees not to accept employment or provide Services to a third party which would be adversarial to or in conflict with the City or its interests. 2.4 TERM The term of this Agreement as relates to Section 2, Subsections 2.1, 2.2 and 2.3, Section 3, Subparagraphs 3.1 (a), and Subsection 3.2 shall be for a period of five months beginning April 21, 2006 (date of commencement) after approval of this Agreement by the Mayor and City Commission. All other provisions of this Agreement shall be effective pursuant to their respective terms. 2 SECTION 3 COMPENSATION 3.1 RETAINER FEE AND OTHER CONSIDERATIONS For providing the above referenced Services to the City, Counsel shall be compensated, as follows: (a) He will be paid a retainer fee in the sum of $50,000 payable in ten equal bi- weekly installments on the standard City payday commencing on May 5, 2006 and continuing on the scheduled payday of each subsequent pay period for the term of his service as Special Counsel. (b) He will be granted title to the 2003 Chevrolet Impala currently assigned for his use, VIN # 39367098 2GLWF52EX Tag #219830. Said vehicle shall be valued at $9,933.70. (c) He will be granted title to the DELL computer system (CPU, monitor, keyboard, speaker and desk, City Service Tag No. 39D 3D 21), assigned for his use which shall be valued at $150.00. 3.2 REIMBURSABLE EXPENSES In addition to the compensation for the Services referred to above, Counsel shall be entitled to recover actual expenditures made in furtherance of the Services contemplated in the Agreement after prior approval by the City Attorney. Reimbursable expenses shall include, but not be limited to, the following: (a) Expenses such as long distance telephone (on non -City system), delivery and messenger services, and incidentals and other costs associated with performing the Services. Automobile travel expense at a mileage rate established for City employees. (b) Invoices or vouchers for Reimbursable Expenses shall be submitted along with supporting receipts, and other back up material required by the City, and Counsel shall certify as to each such invoice that the amounts and items claimed as reimbursable are "true and correct and in accordance with the Agreement." 3.3 SEVERANCE BENEFITS In recognition of the time and dedication devoted by Counsel for the past ten and a half years and prior thereto, it is agreed that in addition to the standard economic benefits, which are related to 3 retirement of City employees: (a) Counsel shall retain his "G" auto decals for the remainder of the year 2006. Thereafter he shall be entitled to a "Citywide" decal on a permanent basis. (b) Counsel and dependant shall continue to participate in the City's Group Health Insurance at the same level as in effect prior to retirement and the City's contribution to the premium shall continue in the same percentage as in effect prior to retirement for a period of five years commencing April 21, 2006. Thereafter the City's contributions shall be the City portion in effect at that time. (c) Counsel shall receive an annual Golf Membership for himself and spouse in the Miami Beach Golf Club for a period of three years commencing October 1, 2006. SECTION 4 GENERAL PROVISIONS 4.1 RESPONSIBILITY OF COUNSEL. With respect to the performance of the Services, Counsel shall exercise that degree of skill, care, efficiency and diligence normally exercised by recognized professionals with respect to the performance of comparable Services. In his performance of the Services, Counsel shall comply with all applicable laws and ordinances, including but not limited to applicable regulations of the City, County, State, Federal Government, ADA and EEO Regulations and Guidelines. 4.2 PUBLIC ENTITY CRIMES State of Florida form PUR 7068, Sworn Statement under Section 287.133(3) (a) Florida Statute on Public Entity Crimes shall be filed by Counsel. 4.3 INDEMNIFICATION Counsel shall be entitled to the benefits provided public officers, employees or agents as authorized by Section 111.07 Florida Statutes for claims, charges or actions against him arising out of his past services as City Attorney and future services to the City under this Agreement. Counsel shall be entitled to assert in any charge, or action involving third parties, any and all defenses available to the City under F.S. 768.28 as well as any other legal protection provided persons performing public service arising out of acts performed during such service under the law of Florida and United States. As to matters other than services provided to or performed for the City, Counsel agrees to indemnify and hold harmless the City of Miami Beach, its officers, employees and agents, from and against any 4 and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Counsel, or any other person or entity acting under Counsel's control, in connection with the Counsel's performance of such non City activity referred to above. The parties each agree to give the other prompt notice of any claim coming to their knowledge that in any way directly or indirectly affects the other party. 4.4 TERMINATION a) This contract may be terminated, amended or modified by mutual agreement. b) Termination for Cause. If through any cause within the reasonable control of Counsel, Counsel shall fail to fulfill in a timely manner, or otherwise violates any of the covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have the right to terminate the Services then remaining to be performed under Section 2.1 and 2.2. Prior to exercising its option to terminate for cause, the City shall notify Counsel of his violation of the particular terms of this Agreement and shall grant Counsel fifteen (15) days or, if the default is such as cannot be cured within 15 days and Counsel fails to commence cure within such time period and prosecute the same until completion, the City may terminate this Agreement by giving written notice to Counsel of such termination, which shall become effective upon receipt by Counsel of the written termination notice. c) In the event of termination, all finished and unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports and other work products prepared by Counsel shall be properly delivered to the City and the City shall compensate Counsel in accordance with Subsection 3.1 (a) for all Services performed by the Counsel prior to Termination. Nothing contained in this Subsection 4.4 shall adversely affect Counsel's entitlement under Section 3.3 or the grants under 3.1 (b) and (c). 4.5 ASSIGNMENT, TRANSFER OR SUBCONTRACTING This is a Contract for the Personal Services of Counsel. Counsel shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the City provided, however, that Counsel may assign his obligations and rights hereunder to a professional association of which he is sole shareholder or has the controlling interest. 4.6 CONFLICT OF INTEREST Counsel agrees to adhere to and be governed by the Metropolitan Dade County Conflict of Interest Ordinance (No. 72 -82), as amended, by the City of Miami Beach Charter and Code and the canons of Professional, Ethics of the Florida Bar, all of which are incorporated by reference herein as if fully set forth herein, in connection with the contract conditions hereunder. 5 Counsel covenants that he presently has no interest and shall not acquire any interest, directly or indirectly, which would conflict in any manner or degree with the performance of the Services. Counsel further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by Counsel. 4.7 NOTICES All communications relating to the day -to -day activities involving Counsel shall be exchanged between the Counsel and the City Attorney, Manager or their designees. Said communications shall be oral or written as circumstance may require. All other notices and communications in writing required or permitted hereunder may be delivered personally to Counsel and the City at the addresses listed below or may be mailed by certified mail, return receipt requested. Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO: TO CITY: Murray H. Dubbin, Esq. 801 N. Venetian Drive Apartment 904 Miami, Florida 33139 Office of the City Attorney and Office of the City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Notices hereunder shall be effective: if delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. 4.8 ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with reference to the subject matter hereof that are not merged herein and superseded hereby. 6 No material alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by both parties hereto, and approved by the Mayor and City Commission of the City of Miami Beach. 4.9 LIMITATION OF CITY'S LIABILITY Notwithstanding any other term or condition of this Agreement, Counsel hereby agrees that the City shall not be liable to Counsel for damages in an amount in excess of $100,000 for any action or claim for breach of contract arising out of the performance of non - performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's tort liability as set forth in Section 768.28, Florida Statutes. 4.10 VENUE This Agreement shall be enforceable in Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Dade County, Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: ATTES By: City Clerk Robert Parcher Witness Witness MHD:lm F:\atto\DUBM\AGREEMEN\dubbinsep.doc •, CIT C M h I BEACH, FLORIDA Dermer MURRAY H. DUBBIN By: J.. IL ".�. �►d Lid Murray H. Dubb APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 7 7 ity Attorney y(0-- Date O