Res No 061-19-15333RESOLUTION NO.: 61-19 -15 3 3 3
A Resolution of the Mayor and City Commissioners of the City of South
Miami retaining conflict counsel to provide legal services concerning the City
Attorney's contract.
WHEREAS, the City Attorney's contract was to expire on April 16, 2019, and a resolution
for approval of the City Attorney's contract was placed on the agenda; and
WHEREAS, the City Attorney advised the commission that if they needed a legal
interpretation of the City Attorney's contract that the City Commission would need conflict
counsel to make such interpretation; and
WHEREAS, the City Commission desires to hire conflict counsel and it has been supplied
with the names of potential attorneys who are willing to provide such services to the City
Commission. Payment shall be made from account number 001-1500-514-3410, Legal Outside
Cost, with a current balance of $89,504.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. Rafael E. Suarez -Rivas is hereby retained to act as conflict
counsel to the City Commission for the purpose of providing the City Commission member with
legal advice concerning the City Attorney's contract.
Section 2: Severability. If any section, clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Section 3. Effective Date: This resolution shall be effective immediately upon its
adoption.
PASSED AND ADOPTED this 7`h day of May, 2019.
ATTEST:
City CIA
FORM COMMISSION VOTE:
5-0
iXECUTION Mayor Stoddard:
Yea
Vice Mayor Harris:
Yea
Commissioner Welsh:
Yea
Commissioner Liebman:
Yea
Commissioner Gil:
Yea
Agenda Item No:9.
City Commission Agenda Item Report
Meeting Date: May 7, 2019
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section:
Subject:
A Resolution of the Mayor and City Commissioners of the City of South Miami retaining conflict counsel to
provide legal services concerning the City Attorney's contract. 3/5 (City Attorney)
Suggested Action:
Attachments:
Reso_re_Conflict_Counsel_2019_Contract (2).docx
Letter of Interest.pdf
Resume - Gavin Rynard.pdf
Bio - Brett Schneider.pdf
Retainer Agreement - 04-29-19 docx.pdf
Bio - Robert Pritt.pdf
Ltr of Engagement 04-24-2019.pdf
2018 Firm lit and conflict Contract.docx
Resume - Dirk Smits 04-03-2017.docx
V&B Contract - 2018.pdf
MEMO to File re Hourly Rate for C Everett.docx
Resume - Cynthia Everett.pdf
Gavin Rynard, Esq.
111 E. Washington St. Apt. 23141 Orlando, FL 328011 c:727-267-7548 I g1ynard90Qgmail.com
Thomas F. Pepe
City Attorney
City of South Miami
1450 Madruga Avenue
Coral Gables, Florida 33146
Dear Mr. Pepe,
April 23, 2019
I am writing to inquire about any current or future employment opportunities with the City of South Miami
Office of the City Attorney, as I believe your office provides the perfect marriage of my passions of law
and civil service, evidenced by my work experience with construction litigation and work as a civil engineer.
I am confident that my professional experience, communication skills, and legal skill -set will enable me to
make a positive and immediate contribution among the many practice areas within your office.
I am a Florida -barred attorney who graduated cum laude from the University of Miami School of Law in
May 2017. Prior to law school, I earned a degree in civil engineering at University of Central Florida. I was
able to gain substantial experience in civil engineering while interning at Comprehensive Engineering
Services and working as an engineer for The Heimburg Group, where I assisted with the marketing,
bidding, and design of state and federal roadway projects including traffic control, roadway, drainage, and
signing and pavement marking. Though I enjoyed my work, I found myself fascinated by the legal issues
that I faced as an engineer, which motivated me to work for and obtain my Juris Doctorate.
While in law school, I developed a well-rounded and transferable skill -set as reflected by my success in
courses like Real Estate Transactions, Construction Law, Real Property & Government, and Litigation
Skills. I also worked as an active Article and Comments Editor of the University of Miami's International
and Comparative Law Review and was selected for publication. Additionally, while in law school, I worked
as a law clerk for Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel, PA —a medium sized firm
which specializes in construction and condominium litigation, where I assisted on construction litigation
cases from onset through resolution.
Since October 2017, I have worked as an associate attorney at Martin Hild, PA, where I have focused on
construction litigation for infrastructure projects. In this role, I conducted research, reviewed discovery, and
drafted legal memoranda, pleadings, contracts, and claims of liens, all spanning a variety of legal issues, including
contract disputes, differing site conditions claims, design defects, construction defects, and delay claims. I am
uniquely attracted to your office, both by my desire to return to South Florida and my drive to work in a
role where I can give back to my community while growing my legal experience and skills. I am confident
that my background specifically prepares me for a position in your office, as I will be able to tackle issues
from both a technical and legal perspective.
It would be a privilege to collaborate with and learn from the high -caliber attorneys of the City of South
Miami Office of the City Attorney. I have enclosed my resume for your review and welcome the
opportunity to further discuss my qualifications with you. Should you require any additional information
or wish to schedule an interview, please do not hesitate to contact me at (727) 267-7548 or at
grynard90@gmail.com. Thank you for your time and consideration.
Sincerely,
I sl Gavin R Hard
3
GAVIN RYNARD, Esq.
111 E. Washington St. Apt. 2314.Orlando, FL 32801 • (727) 267-7548 • grynard90@gmail.com
EDUCATION
University of Miami School of Law, Coral Gables, Florida
Juris Doctor, cum laude, May 2017
GPA: 3.273/4.0
Law Review. University of Miami International and Comparative Law Review — Article and Comments Editor
Publication: Gavin Rynard, How to Unlock the Voting Block, 24 U. Miami Int'l & Comp. L. Rev. 517 (2017).
Activities: Environmental Law Society
Relevant Courses: Administrative Law; Construction Law, Energy Law; Real Estate Law
University of Central Florida, Orlando, Florida
Bachelor of Science in Civil Engineering, May 2013
GPA: 3.63
Activities: Swim Club at UCF — Recruitment Officer
Relevant Courses: Construction Engineering; Roadway Design; Hydrology; Environmental Engineering
EXPERIENCE
Martin Hild, P.A., Orlando, Florida
Associate Attorney. October 2017 — Present
• Conducted research, reviewed discovery, and drafted legal memoranda, pleadings, contracts, and claims of liens for a
variety of legal issues, including contract disputes, differing site conditions claims, design defects, construction defects,
and delay claims, related to construction and infrastructure litigation.
Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel, P.A., Miami, Florida
Summer Law Clerk, May 2016 — August 2016
• Assisted with research, discovery review, and drafting of legal memoranda and motions for a variety of legal issues,
including contract disputes, defect claims, and delay claims, related to construction and condominium litigation.
Jotwell, Miami, Florida
Student Editor, August 2015 — May 2016; August 2016 — May 2017
• Scheduled and edited legal scholarship posts from contributing professors from law schools around the country.
The Heimburg Group, Tampa, Florida
Civil Engineer, July 2013 — August 2014
• Assisted with the marketing, bidding, and design of state and federal roadway projects including traffic control, roadway,
drainage, and signing and pavement marking on both Veterans Expressway and SR 60.
Comprehensive Engineering Services, Orlando, Florida
Civil Engineering Intern, August 2011 —June 2013
• Assisted with the design and estimate of state roadway projects including lighting, drainage, and signals.
YMCA, New Port Richey and Orlando, Florida
Head Lifeguard November 2008 — September 2011
• Supervised life guards and managed the pool to oversee the safety practices of the life guards and YMCA members.
Swim Coach June 2008 — September 2011
• Taught and improved the swimming techniques of individuals on swim teams.
SKILLS
Proficient in Westlaw and LexisNexis Legal Database, Microsoft Office, Document Review Tools (Summation, etc.).
4
INTERESTS
Competitive swimming, piano, and cooking.
�= WE)AN
COLE & B ERMAN
AT Till ial0>SROADS Of auswm, GOWFINWNT S THE LAW
Member
bschneider@wsh-law.com
1200 N. Federal Highway
Suite 312
Boca futon, FL 33432
P: (561) 835-2111
F: (954) 764 7770
Practice Areas
• Labor and Employment Law
• Labor and Employment Law Group
• Police Legal Advisement
Bar Admissions
• Florida, 2005
• New York, 1999
• District of Columbia, 2000
• U.S. District Court, Southern District of
Florida, 2005
• U.S. District Court, Middle District of
Florida, 2006
• U.S. District Court, Southern District of New
York, 2001
• U.S. District Court, Eastern District of New
York, 2002
• U.S. District Court, Western District of New
York, 2003
• U.S. Court of Appeals, 11th Circuit, 2005
Education
• George Washington University Law School
JO, cum laude, 1999
Journal of Intemational Law & Economics
• University of Maryland,
BA, Government and Politics, with honors,
1996
Honors: Golden Key National Honor Society
Brett J. Schneider
Brett is the Managing Director of the Firm's Palm Beach Office and chairs the
Firm's Labor and Employment Practice Group. Brett is Board Certified by The
Florida Bar in Labor and Employment Law and he represents public and private
sector employers in a wide array of labor and employment law matters.
For his public sector clients, Brett represents employers in collective bargaining
negotiations, labor impasse hearings, unfair labor practice proceedings and labor
arbitrations. In the last several years, he has successfully negotiated collective
bargaining agreements on behalf of the Cities of Aventura, Bal Harbour, Deerfield
Beach, Hallandale Beach, Homestead, Juno Beach, Key Biscayne, Lauderhill and
North Miami. Brett recently has handled labor impasse proceedings for the Cities
of Deerfield Beach, Hallandale Beach and Surfside. He also has achieved
significant labor arbitration victories for the Cities of Bay Harbor Islands, Boca
Raton, Coconut Creek, Deerfield Beach, Golden Beach, Hallandale Beach,
Homestead, Key Biscayne, Lauderhill and Miramar.
Brett has successfully represented public and private sector employers in all
phases of employment litigation, up to and including trial, on matters arising under
Federal, State and local employment laws such as Title VI of the Civil Rights Act,
the Americans with Disabilities Act (ADA), the Age Discrimination In Employment
Act (ADEA), the Fair Labor Standards Act, the Family and Medical Leave Act
(FMLA) and the Florida Civil Rights Act (FCRA). Brett regularly defends employers
in wage and hour suits brought under the Fair Labor Standards Act (FLSA) and
has successfully navigated a number of employers through Department of Labor
Wage & Hour Audits.
Brett represents public and private sector employers before Federal, Slate and
local administrative agencies such as the U.S. Equal Employment Opportunity
Commission (EEOC), the National Labor Relations Board (NLRB) and the Florida
Public Employee's Relations Commission (PERC). In addition, Brett regularly
consults with and advises employers on a wide array of human resources issues,
including personnel policies and procedures, discipline and discharge matters,
drug and alcohol testing, employee privacy rights and educational and training
programs for managers and supervisors, and he has worked closely with
employers to ensure that their practices do not run afoul of Federal, state or local
law.
Brett is certified as a Senior Professional in Human Resources (SPHR) by the HR
Certification Institute and as a Senior Certified Professional by the Society for
Human Resource Management. Brett regularly lectures throughout Florida on
various labor and employment law and human resources matters and has been on
the cutting edge with regard to the impact of the legalization of medical marijuana
on Florida employers.
Prior to joining the Firm, Brett practiced labor and employment law at large
national law firms in Washington DC, New York and South Florida.
Published Works
• "Bills Would Reform Government Pension Plan," South Florida Daily
Business Review, March 29. 2011
• "How Employers Can Keep Themselves From Being You -Tubed," Workforce
Management, May 11, 2009
• "Acting Affirmative Against Harassment," New York Law Journal Corporate
Counsel, February 4, 2002
• "Employee Privacy 2001 A Review for Employers," Lawyer Pilot's Bar
Association Journal, Fall, 2001
Professional Associations 5
• Human Resource Association of Broward County, 2008 - present
WEISS SEROTA HELFMAN
COLE & BIERMAN
AT THE CROSSROADS Of BUSINESS. GOVERNMENT & ME LAW
• Past -President, 2015
• President, 2014
• President -Elect, 2013
• Legislative Affairs Director, 2011-2012
• The Cooperative Feeding Program, Board -member, 2010 — 2014
• Jewish Federation of South Palm Beach County, Young Adult Division,
Board -member, 2012 - 2014
• University of Maryland South Florida Alumni Association, 2010 — Present
• Anti -Defamation League, Glass Leadership Institute, 2008
• Leadership Broward Foundation, Class XXIV, 2005-2006
• South Florida Touchdown Club Foundation, 2005-2006
Board Secretary
Reported Cases
• Aristyld v. City of Lauderhill, Case No. 13-12235 (11 "1 Cir. Oct. 23, 2013)
• Amunraptah v. City of Deerfield Beach, 93 So. 3d 1040 (Fla. 4th DCA 2012)
• East Coast Karate Studios, Inc. v. LifeStyle Martial Arts, LLC, 65 So. 3d 1127
(Fla. 4th DCA 2011)
• World Rentals and Sales, LLC v. Volvo Construction Equipment Rentals, Inc.,
517 F.3d 1240 (11'h Cir. 2008)
• Goldberg v. Chong, 2007 WL 2028792 (S.D. Fla. Jul. 11, 2007)
• Kaptan v. Danchig, 796 N.Y.S.2d 706 (N.Y. 2" d Dept., 2005)
Awards and Recognitions
• "Legal Elite", Florida Trend, 2018
• "Super Lawyers," 2018
• "AV Preeminent Rating," Martindale -Hubbell, 2017
• 'Power Leaders in Law & Accounting, " South Florida Business Journal 2017
• "SHRM Senior Certified Professional (SHRM-SCP)," Society for Human
Resources Management, 2015
• Florida Bar Board Certified in Labor and Employment Law, 2013
• "Senior Professional in Human Resources (SPHR)," Human Resources
Certification Institute, 2012
• "Florida Rising Star," Florida SuperLawyers, 2011-2013
• "Top Up and Comer," South Florida Legal Guide, 2009
Presentations
• "Hiring Practice Compliance Issues", HFTP Gold Coast Chapter, 10/17/18
• "Me Too and Harassment Panel Discussion", Florida Public Human
Resources Association, July 2018
• "Sexual Harassment Policies and Training", 2018 Florida Municipal
Attorneys Association Annual Conference
• "Medical Marijuana and Sexual Harassment in the Workplace", Hospitality
Financial and Technology Professionals Gold Coast Educational Breakfast,
April 2018
• "2018 HR Insights 2018: HR in a #Metoo World", GMCC, April 2018
• "Employer Drug Testing in the Era of Legal Medical Marijuana", 2018
Connect Business & Leadership Conference
• "Minimizing Employer Liability for Sexual Harassment Claims & Employer
Drug Testing in the era of Medical Marijuana", HFTP Gold Coast Chapter
Educational Breakfast
• "Medical Marijuana from the Employer's Prospective", Palm Beach County
League of Cities General Membership Meeting
• "Medical Marijuana from the Municipal Employer's Perspective", 36th Annual
Florida Muncipal Attoneys Association Seminar
• "Medical Marijuana and Your City: Facts, Fiction and Moving
Forward", Florida League of Cities' Center for Municipal Research &
Innovation (CMRI) Sumer Research Symposium
• "Drug Alert - Medical Marijuana in the Work Place", 7th Annual TSG Labor & 6
Employment Law Conference
WEISS SEROTA HELFMAN
y AT THE COLECROSSROADS oi&S�BIERMANTIt[ LA1V
• "Medical Marijuana and Your City: Facts, Fiction and Moving Forward", FLC
Medical Marijuana Symposium
• "Medical Marijuana from the Municipal Employer's Perspective", Florida
Municipal Attorneys Association, July 27, 2017
• "Overcoming the Haze of Medical Marijuana in Florida", Human Resource
Association of Broward County's Legal Seminar, May 11, 2017
• "New Medical Marijuana Law", Democratic Professionals Network
• "Legislative Changes — Medical Marijuana," International Public
Management Association for Human Resources (South Florida Chapter),
December 1, 2016
• "Overtime Payment Rules & ADA Accommodations," International Public
Management Association for Human Resources (South Florida Chapter),
September 13, 2016
• "New Overtime Rules Mean HR Professionals Will Be Working Overtimelll",
Human Resource Association of Broward County, May 6, 2016
• "What Should You Do If Something Pops Up In A Background Check That
Makes You Reconsider Hiring Them," Florida Public Human Resources
Association, May 4, 2016
• "What You Should Know About Collective Bargaining Before You Get
There," Palm Beach Counties League of Cities Newly Elected Officials
Workshop, April 27, 2016
• "Legal Considerations in Performance Management," International Public
Management Association for Human Resources (South Florida Chapter),
April 5, 2016
• "Conducting Harassment Investigations," Florida Public Employer Labor
Relations Association, February 23, 2016
• "Issues & Pitfalls Associated with Negotiating & Drafting Employment
Contracts for Municipal Officials, what Every City Attorney Needs to Know,"
Miami -Dade Commission on Ethics & Public Trust Lunch Seminar, February
18, 2016
• "Planning for Employees Social Gatherings," International Public
Management Association for Human Resources (South Florida Chapter),
September 9, 2015
• "Solving the ADA/FMLA Compliance Mystery," Florida Public Human
Resources Association, August 4, 2015
• "EEOC & FLSA Overview," Florida Public Human Resources Association,
August 1, 2015
• "What Non -Union Employers Need to Know About the NLRA," Human
Resource Association of Broward County, May 1, 2015
• "Medical Marijuana — Workplace Impact," international Public Management
Association for Human Resources (South Florida Chapter), April 7, 2015
• "Got Wellness? Labor Relations Trouble & Legal Pitfalls," Florida Public
Employer Labor Relations Association, February 9, 2015
• "Newsworthy HR Caselaw," International Public Management Association
for Human Resources (South Florida Chapter), December 9, 2014
• "Labor Rights and How They Impact Your Crew," Florida Public Employer
Labor Relations Association 39th Annual Training Conference, January 29,
2013
• "Hiring and Terminating Employees in the Current Economy," Fundamentals
of Employment Law (Sterling Education Seminar), November 13, 2012
• "FLSA/Wage and Hour Critical Issues," Fundamentals of Employment Law
(Sterling Education Seminar), November 13, 2012
• "FLSA 101," Florida Public Personnel Association Annual Conference, July
29, 2012
• "Legal Updates," Florida Public Personnel Association Annual Conference,
July 29, 2012
• "HR Case Update," International Public Management Association for Human
Resources (South Florida Chapter), June 28, 2012
• "Avoiding Liability for overtime under the FLSA," Certipay HR Seminar, May
15, 2012
• "HR Update," International Public Management Association for Human
Resources (South Florida Chapter), March 15, 2012
• "EEOC Investigations," Florida Public Employer Labor Relations Association
�1 WEISS SEROTA HELFMAN
COLE & BIERMAN
AT Till CROSSROADS Or BUSINESS. GOVERNMENT & Tilt LAW
38ra Annual Training Conference, February 6, 2012
• "What's Up with the Supremes and other Must -Know Legal Developments
for HR Professionals," Human Resource Association of Broward County,
October 14, 2011
• "Conducting Investigations from A to Z," Florida Public Personnel
Association Annual Conference, July 25, 2011
• "How to Effectively Redesign Benefit Plans," Florida Government Finance
Officers'Association , June 27, 2011
• "What Constitutes an Enforceable Past Practice," International Public
Management Association for Human Resources (South Florida Chapter),
May 12, 2011
• "Mandatory vs. Permissive Subjects of Collective Bargaining Negotiations,"
Florida Public Employer Labor Relations Association 36th Annual Training
Conference, February 9, 2010
• "Labor Relations Update," Miami -Dade County City Manager's Association
Luncheon, November 20, 2009
• "The Specifics of Ricci v. DiStefano," International Public Management
Association for Human Resources, South Florida Regional Meeting, August
25, 2009
• "Recent Legal Developments Affecting Florida Public Employers,"
international Public Management Association for Human Resources (South
Florida Chapter), April 28, 2009
• "What is New with Labor Law," Miramar/Pembroke Pines HR Consortium,
April 16, 2009
Press Mentions
• "Legal Alert: Paying Police Employees: Eleventh Circuit Rules Certain Prep
And Travel Time Is Not Compensable", July 20, 2018
• "Midsize and Small Law Firms Skip the Lockstep Pay Dance", Daily Business
Review, 6%220/2018
• "Avoiding an Ageism Suit", Human Resource Executive, April 17, 2018
• "Zero Tolerance: Be Proactive About Sexual Harassment Policies",
Construction Today, 212018
• "Employers Reinforce Anti -Harassment Policies", Sun Sentinel, 1211012017
• "Attorney Brett Schneider Presents. at Three Conferences" - (1) 36th Annual
Florida Muncipal Attoneys Association Seminar -"Medical Marijuana from the
Municipal Employer's Perspective", (2) Florida League of Cities' Center for
Municipal Research & Innovation (CMRI) Sumer Research Symposium -
"Medical Marijuana and Your City: Facts, Fiction and Moving Forward", (3)
7th Annual TSG Labor & Employment Law Conference - "Drug Alert -
Medical Marijuana in the Work Place", Attorney At Law Magazine, 91112017
• "Delivery Dudes expands despite growing pains" Sun Sentinel 8/1/16
• "New OT rules to hit Retail Hospitality Cos. hardest" Law 360 5119116
• "Will Gay Weddings Lead to Fewer Domestic Partnership Benefits?,"
Sun -Sentinel, 1/22(15
• "Medical Marijuana Could Cost Employees Their Jobs," Sun -Sentinel,
10130114
• "News and Notes," The Florida Bar News, 2/1/14
• "Legal People," Daily Business Review, 1/16/14
• "Weiss Serota Helfman Attorney Brett Schneider Becomes Board Certified in
Labor & Employment Law," CityBizL/st, 6119/13
• "People on the Move," South Florida Business Joumal, 6/19/13
• "People," Daily Business Review, 1 /3/13
• "Business Monday: Movers," Miami Herald, 12/31/13
• "People on the Move," South Florida Business Joumal, 12/26/12
• "News & Notes," The Florida Bar News, 10/1 /11
• "Bills Would Reform Government Pension Plans," Daily Business Review,
3/29/11
�1 WEISS SEROTA HEUMAN
COLE & BIERMAN
' AT THE CROSSROADS OF BUSINESS, GOVERNMENT & THE LAW
BRETT 1. SCHNEIDER, ESQ.
INEIDER@WSH-LAW.COM
April 29, 2019
VIA E-MAIL (PStoddardt@southmiamifl.gov)
Phillip K. Stoddard
Mayor
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: Retainer Agreement
Dear Mayor:
We are pleased that the City of South Miami (the "City") has decided to engage
this Firm to provide advice regarding the City Manager's employment with the City.
We apologize in advance for the formality of this letter, but it is our Firm's policy to
enter into a written retainer agreement with new clients. From our experience, we
have found that clients appreciate a frank and open discussion and understanding of
the services that we will perform and the basis upon which they will be expected to
pay for those services. This letter is intended to set forth our understanding as to the
nature and scope of the legal services we have agreed to render for the City, the
amount of our fees for those services, the manner in which our fees for those services
shall be determined and the terms upon which the City will make payment.
1. Nature of Legal Services. The City has engaged us to provide advice
regarding the City Manager's employment with the City.
2. Fees for Services. With regard to the fees and costs incurred for our
services, the City will be charged and agree to pay for our services on the basis of our
discounted hourly rates. For these matters, the Firm will charge $27S an hour. It is
our practice to charge for actual time expended on your behalf, but not less than
2/10ths of an hour for each activity. Our rates will increase by two percent (2%) on
October 1 of each year, unless we agree in writing to waive such increase in any given
year.
0
12oo North Federal Hwy., Suite 312, Boca Raton, FL 33432 1561-835-2111 1 www.wsh-law.com
Phillip K. Stoddard
City of South Miami
April 29, 2019
Page 2
3. Costs. In addition to the attorneys' fees discussed in paragraph 2,
certain routine expenses will be incurred on your behalf ("Routine Expenses").
Routine Expenses include photocopying charges, fax charges, postage, long distance
telephone calls, computerized research charges, tolls, courier charges and express
mail charges, filing fees, recording costs, out -of -City travel expenses, court reporter
costs (including the costs of transcripts and court reporter's fee for attendance),
court costs (such as filing fees, service of process, subpoena costs, witness fees,
etc.), mediator fees, accounting and appraisal fees, expert fees and expenses,
trial/hearing exhibit costs and investigation costs (if any), will be itemized and billed
to you.
4. Pavment of Fees and Costs. Our invoices will be submitted to the City
on a monthly basis and each invoice will be due and payable when rendered. The
City must understand that if any invoice remains unpaid for more than 30 days
after it is rendered, we reserve the right, in our discretion (subject to court
approval, if necessary), to cease to provide further legal services to the City. The City
will, however, be liable to us for the payment of any fees earned and any costs
incurred by us to that time, together with any applicable taxes. In the event we are
ultimately required to bring suit to collect any undisputed unpaid fees and costs,
the City understands that it will be required to pay reasonable attorneys' fees as
well as legal interest on the amount of any fees and costs due us. The City further
understands that we have the right to retain any and all files, papers and other
property coming into our possession in connection with our engagement without
any liability to the City until we have been paid all costs, fees and interest due us
under this agreement. Interest at the rate of 12% per annum will be added to any
invoice which remains unpaid for more than 30 days after it is rendered.
5. Withdrawal from Representation. We reserve the right to withdraw
from representing the City if it misrepresents or fails to disclose material facts to
us, or if we disagree about the course of action which should be pursued.
6. Disputes. Any dispute arising from this Agreement shall be resolved
through final and binding arbitration in Palm Beach County, Florida and the
Agreement shall be governed by Florida law.
7. Representation of Other Clients. We are bound by rules of legal ethics
not to represent any client if the representation of that client will be directly
adverse to the interests of another client unless each such client consents to such
representation after consultation. If this letter is addressed to more than one person, 10
WEISS SEROTA HELFMAN
COLE & BIERMAN
f - AT TH[ CROSSROADS OF BuuNTu. GOY[F mmtwT & THI LAw
Phillip K. Stoddard
City of South Miami
April 29, 2019
Page 3
your signature of this letter will constitute such consent from each of you with respect
to the matter or matters specifically described in the paragraph of this letter entitled
"Nature of Legal Services."
8. Fees for Other Services. In the event the City asks us to render legal
services with respect to other matters, in the absence of a written agreement
specifically addressing that representation, the other matters will be handled on an
hourly basis, and fees and costs will be payable under the same terms and conditions
as provided for in paragraph 2 of this letter.
9. Commencement of Representation. If the foregoing is agreeable to you,
please acknowledge your understanding and agreement by signing this letter and
forwarding it back to me.
We appreciate your confidence in our Firm and assure you that we will make
every effort to perform our services in a prompt and efficient manner. If you have
any questions or comments concerning this engagement letter, please let me know.
Otherwise, please indicate your agreement with the foregoing by signing this
engagement letter and returning it to me.
Very truly yours,
WEISS SEROTA HELFMAN
COLE & BIERMAN, P.L.
Brett J. Schneider
AGREED AND ACCEPTED on this day of April, 2019.
a
City of South Miami
Phillip K. Stoddard, Mayor
WEISS SEROTA HELFMAN
Arne[ COLEo& BI GRMANTMt LAw
11
Offices
Naples
850 Park Shore Drive
Trianon Centre, 3rd Floor
Naples, FL 34103
Fort Myers
2320 First Street
Suite 1000
Fort Myers, FL 33901
Services
• Public Finance
• Land Use & Zoning
• Environmental Law
• Public Law
• Government Relations
• Real Estate
• Eminent Domain
Education
J.D., The University of Akron
School of Law
B.A., The University of Akron
ROETZEL
AM
RobertD. Pritt
Shareholder
P 239.649.2714
F 239.261.3659
E rpdtt@ralaw.com
Mr. Pdtt focuses his practice in the areas of local government, land use and real
estate law. He represents municipalities, special districts, private developers,
and real estate investors.
Board Certifications
• Board Certified in City, County & Local Government Law by The Florida Bar
Board of Legal Specialization
• Certified Circuit and Appellate Mediator, the Florida Supreme Court
Recognitions
• Special Magistrate for Palm Beach County and Broward County
• AV@ PreeminentT rating from Martindale -Hubbell Law Directory
• City of Naples, Florida, City Attorney (2001-present)
• Selected as a "Florida Super Lawyer' by Florida Super Lawyersmagazine
(2006-2009 & 2011-2013)
• Named The Best Lawyers in AmericamFort Myers / Naples Litigation - Land
Use & Zoning "Lawyer of the Year" (2013 & 2015)
• Named to The Best Lawyers in Americefor Land Use & Zoning Law (2010-
2011); Litigation -Land Use & Zoning (2012-2019); Municipal Law (2010-
2019); and Gowmment Relations Practice (2012-2019)
• Named City Attorney of the Year by the Florida Municipal Attorneys
Association (2003)
• City of Sanibel, Florida, City Attorney (1987-2000)
• City of Akron, Ohio, Director of Law (1980-1983)
• The University of Akron School of Law, Adjunct Professor of Law (1980-
1985)
• Licensed Florida Real Estate Broker (Inactive)
• Licensed Florida Real Estate Instructor
• Florida Registered Lobbyist
• Code Enforcement Instructor-FIOG-FACE—USF--UCF 1989-present
Professional Affiliations
The Florida Bar
• Eminent Domain Committee (2009-2015)
• Appellate Court Rules Committee (2002-2008)
Practical Advice. Real Solutions.
That's the Roetzel way. ralaw.com
12
() ROETZEL
• City, County, Local Govemment Certification Committee 1997-2003 (Chair
2002), 2012-present
• Voluntary Bar Liaison Committee, Chair (2001)
• Florida Municipal Attorneys Association, President (2000)
• International Municipal Attorneys Association, Florida Chair (1997-2000)
• Lee County Bar Association, Past President
• Florida Council of Bar Association Presidents, President (2006)
Community Affiliations
• Hope United Presbyterian Church—Elder/Deacon
• Presbyterian Homes & Housing Foundation —Board Member
• Peace River Presbytery—Trustee/Finance Committee
Articles
• "Walking the Fine Line: Code Enforcement and the Fourth Amendment" -
Municipal Lawyer Magazine (Jan/Feb 2019)
• "Reasonable Expectations: What can your city attorney do for you?"- Quality
Cities (NoVDec 2018)
Presentations
• "Working Together. City Council, City Manager & City Attorney"- Florida
League of Cities (2016)
• "Trespass, Private Property Rights & 4th Amendment in Code Enforcement" -
Florida Association of Code Enforcement (2014)
• "Code Enforcement of Development Orders'- Florida Bar, Land Use Section
(2014)
• "Exactions: Extortion or Just Good Govemment?"- 8th Annual Winter
Institute -University of Akron School of Law (2014)
• "Sunshine Law & Public Records Law"- Training Seminar, John Scott Dailey
Florida Institute of Govemment/ManaSota League of Cities (2013)
• "When Your City is Hungry for Economic Development: Setting the Table" -
Florida League of Cities
• "Voting Conflicts: The Basics Revisited"- Florida Municipal Attorneys
Association
• "A View from the End of the Dais"- Florida League of Cities
• "Planning Opportunities Under the New Community Planning Act of 2011"-
Urban Land Institute of Southwest Florida
• "I Won't See You in Court Yet"- Florida Planning and Zoning Association
• "Fifty (or so) Cases Every City Attorney Should Know - Update 2011"- Florida
Municipal Attorneys Association
• "Code Enforcement - A Guide for Boards, Special Magistrates & Legal
Counsel"- Florida Association of Code Enforcement
• "Local Regulation of Beaches & Waterways - Update 2009"- Florida
Municipal Attorneys Association
13
Practical Advice. Real Solutions. ! That's the Roetzel way. i ralaw.com 2
ROETZEL
• "Code Enforcement: Foreclosure, Collections & Post -Hearing Practice" -
Florida Institute of Govemment
• "Homeland Security: What The Local Government Attorney Needs to Know" -
The Florida Bar, City, County and Local Government Law
• "Municipal Contracting"- Florida League of Cities
Bar Admissions
• Florida
• Ohio
Court Admissions
• U.S. Court of Appeals, Eleventh Circuit
• U.S. Court of Appeals, Sixth Circuit
• U.S. District Court, Middle District of Florida
• U.S. District Court, Northern District of Ohio
• U.S. Supreme Court
Languages
Spanish
14
Practical Advice. Real Solutions. 3
That's the Roetzel way. . ralaw.Com
0 ROETZEL
April 24, 2019
VIA EMAIL: thomaspepe@pepenemire.com
Thomas F. Pepe
Pepe & Nemire(ret.), LLC
1450 Madruga Ave., Ste 202
Coral Gables, Florida 33146
Re: Conflict Counsel
Dear Mr. Pepe:
850 Park Shore Drive
Trianon Centre
Naples, FL 34103
239.649.2714 Direct
PKVNE 239.649.6200 FAx 239.261.3659
rpdtt@ralaw.com
WW A4LAW.00M
My Firm would be honored to represent the City of South Miami with regard to Conflict Counsel
concerning the City Attorney's agreement, and any related services. I think that the separation of distance
(Naples to South Miami) might actually be a benefit to the City.
I would perform such duties and services as directed by the City's representative including, if
necessary, appearance at one or more City meetings.
My regular rate is $405 per hour. My government rate is currently $245 per hour for non -
litigation services. However, if the City's hourly rate for legal services of a similar nature is less than
that, I will honor that rate. I will not charge for time or mileage expense in coming to your location.
My Firm will bill for services and disbursements (if any) on a monthly basis. Payment is due
upon receipt of each bill, with interest at the prevailing rate in Florida, charged on any invoice
outstanding over 45 days.
We have checked for conflicts and have found that that there are no apparent conflicts noted at
this time. Conflicts will be determined as provided by law and Florida Supreme Court Regulations
Governing the Florida Bar.
Either of us may terminate our engagement at any time for any reason by written notice (e-mail is
acceptable) subject on our part to follow applicable rules of professional conduct. If the engagement is
terminated, we will take such steps as are reasonably practicable to protect the client's interests.
If these terms are acceptable, please have the appropriate person approve and accept by dating,
signing and returning this letter; or sending me a signed scanned or facsimile copy of it; or simply
indicating in return e-mail that it is agreed.
15
ROETZEL a ANDRESS CHICAGO WASHINGTON. DC. CLEVELAND TOLEDO AKRON
A LEGAL PROFESSIONAL ASSOCIATION COLUMBUS CINCINNATI ORLANDO FORT MYERS NAPLES
Page 2
I look forward to serving the City of South Miami on this matter.
Very truly yours,
ROETZEL & ANDRESS
Robert D. Pritt
Board Certified City, County &
Local Government Lawyer
For the Firm
ACCEPTED AND AGREED TO:
City of South Miami, Florida
By:
Its:
Date:
Enc. Curriculum
13753484 _1 PERSON.156
if,*"
CITY OF MARATHON
Contract for Legal Services
This Contract entered into this day of , 2018,
between VERNIS & BOWLING OF THE FLORIDA KEYS, a law firm operating under the
laws of the State of Florida, whose principal place of business is located at 81990 Overseas Hwy,
P Floor, Islamorada, FL 33036 (herein called "The Firm"), DIRK M. SMITS, Esq. (Managing
Attorney of The Firm), and the CITY OF MARATHON (herein called "City" or "the City").
In consideration of the mutual covenants and benefits hereinafter set forth, the parties herein
covenant and agree as follows:
1. TERM
The term of this Contract is annual and shall automatically renew unless cancelled within
the 30 days preceding the anniversary date of approval.
2. THE FIRM'S SERVICES
The Firm agrees to provide the following services and serve as primary alternative
counsel other than the city attorney for litigation and conflict representation as well as any
special projects requested by the City. In further consideration the Firm and Smits agree to
attend any City meetings, without charge, in the event the City attorney is unavailable. Currently,
Smits and the firm represents, and will continue to represent, the City in the following matters:
A. Grassy Key Subdivision, Inc., v. The City of
Marathon, case number 14-CA-000056-M,
B. Grassy Key Subdivision, Inc., v. The City of
Marathon, case number 15-CA-000038-M,
The City shall pay The Firm the Firm's hourly rate of $155.00 per hour for junior
associate attorney at The Firm and $165 per hour for work performed by senior attorneys having
5 or more years of experience handling government legal matters. Paralegals shall be paid at
$105.00 per hour. These hourly charges are to be made without regard to any overtime charges
that must be paid by The Firm to its employees. The Firm will provide billing statements to the
City on a monthly basis. No payment shall be due until the City verifies that all services for
which payment has been requested have been fully and satisfactorily performed.
4. COMPLIANCE WITH LAWS AND POLICIES
The Firm shall comply with all current City Policies, Florida Bar Rules, and all
applicable local, state and federal laws, including laws pertaining to the confidentiality.
5. TERMINATION
Page 1 of 4 17
Both parties reserve the right to terminate this contract at any time and for any reason,
upon giving sixty (30) days' notice to the other party during which time services will be
maintained.
6. ASSIGNMENT
Neither The Firm nor the City may assign or transfer any interest in this Agreement
without the prior written consent of both parties.
7. AMENDMENT
This Agreement may be amended only with the mutual consent of the parties. All
amendments must be in writing and must be approved by City Council.
8. INDEMNIFICATION, GOVERNING LAW & VENUE
The Firm shall indemnify and hold harmless the City from and against any and all claims,
liabilities, damages, and expenses, including, without limitation, reasonable attorneys' fees,
incurred by the City in defending or compromising actions brought against it arising out of or
related to the acts or omissions of The Firm, its agents, employees or officers in the provision of
services or performance of duties by The Firm pursuant to this Agreement.
This Agreement shall be construed in accordance with the laws of the State of Florida.
Any dispute arising hereunder is subject to the laws of Florida, venue being in Monroe County,
Florida. The prevailing party shall be entitled to reasonable attorney's fees and costs incurred as
a result of any action or proceeding under this Agreement.
9. REPRESENTATIONS & WARRANTIES
The Firm represents and warrants to the City, upon execution and throughout the term of
this Agreement that;
1) The Firm is not bound by any agreement or arrangement which would
preclude it from entering into, or from fully performing the services
required under the Agreement;
2) None of The Firm's agents, employees or officers has ever had his or her
professional license or certification in the State of Florida, or any
jurisdiction, denied, suspended, revoked, terminated and/or voluntarily
relinquished under threat of disciplinary action, or restricted in any way.
3) The Firm and The Firm's agents, employees and officers have, and shall
maintain throughout the term of this Agreement, all appropriate federal
and state licenses and certifications which are required in order for The
Firm to perform the functions, assigned to him or her in connection with
the provisions of the Agreement.
Page 2 of 4 18
10. CONFIDENTIALITY
The Firm recognizes and acknowledges that by virtue of entering into this Agreement and
providing services hereunder, The Firm, its agents, employees and officers may have access to
certain confidential information. The Firm agrees that neither it nor any of The Firm's agents,
employees or officers will at any time, either during or subsequent to the term of this Agreement,
disclose to any third party, except where permitted or required by law or where such disclosure is
expressly approved by the City in writing, any confidential information, personal health
information or other confidential information, and The Firm, its agents, employees and officers
shall comply with all Federal and State laws and regulation and all City policies regarding the
confidentiality of such information.
11. INSURANCE
The Firm agrees to secure and maintain at all times during the term of this Agreement, at
The Firm's expense, professional liability insurance covering The Firm for all acts or omissions
which may give rise to liability for services under this Agreement. All of The Firm's staff are to
be insured in minimum amounts acceptable to the City and with a reputable and financially
viable insurance carrier. Such insurance shall not be cancelled except upon thirty (30) days
written notice to the City. The Firm shall provide the City with a certificate evidencing such
insurance coverage within five (5) days after obtaining such coverage. The Firm agrees to notify
the City immediately of any material change in any insurance policy required to be maintained
by The Firm.
12. This agreement supersedes all prior agreements of the parties.
IN WITNESS WHEREOF, the parties have executed this Contract on this
day of , 2018.
CITY OF MARATHON
M
Page 3 of 4 19
PRINT NAME
DATE
TITLE
SIGNATURE OF VERNIS & BOWLING REPRESENTATIVE DATE
PRINT NAME
TITLE
Dirk M. Smits, individually Date
F;THcw Fia`C of lbrd =15 Pam Cmkbd&c
Page 4 of 4
20
DIRK M. SMITS
FIRM MANAGER
VERNIS & BOWLING
OF THE FLORIDA KEYS, P.A.
A'FI ORNEYS A LAW
81990 OVERSEAS I IIGHWAY
ISLAMORADA, FI. 33036
-----------------
1 ELEFI IONS: (305) 664-4675
FACSIMILE: (305) 664-5414
EMAIL: DSMI'I'S@FI.ORIDA-LAW.COM
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23
Sponsored by: Council
CITY OF MARATHON, FLORIDA
RESOLUTION 2018-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MARATHON, FLORIDA, APPROVING THE FIRST AMENDMENT TO
THE EMPLOYMENT AGREEMENT BETWEEN DAVID MIGUT AND
THE CITY OF MARATHON, FLORIDA FOR CITY ATTORNEY
SERVICES; AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Attorney has served in his position since August 25, 2015; and
WHEREAS, the 2015 Agreement is for a term of three years; and
WHEREAS, the parties wish to amend the 2015 Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MARATHON, FLORIDA, THAT:
Section 1. The foregoing recitals are true and correct and are incorporated herein by this
reference.
Section 2. The First Amendment to the Employment Agreement between David
Migut and the City of Marathon, Florida, attached hereto as Exhibit "A", is approved. The Mayor
is authorized to execute the Agreement on behalf of the City.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
MARATHON, FLORIDA, THIS 121b DAY OF JUNE, 2018
THE CITY OF MARATHON, FLORIDA
Michelle Coldiron, Mayor
24
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Cook, Zieg, Ser martin, Bartus, Coldiron
None
None
None
Diane Clavier, City Clerk
(City Seal)
APPROVED AS TO FORM ANDLEGALITYFOR THE USE
AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY:
1
colt Black, Special Counsel
25
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
This First Amendment to the Employment Agreement entered into on July 28, 2015 ("2015
Agreement"), by and between the City of Marathon, Florida, a Florida municipal corporation (the
"City") and David Michael Migut ("City Attorney") is entered into this day of June 2018.
WHEREAS, the City Attorney has served in his position since August 25, 2015; and
WHEREAS, the 2015 Agreement is for a term of three years; and
WHEREAS, the parties wish to amend the 2015 Agreement.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties
agree as follows:
1. Section 2 of the 2015 Agreement is amended to read as follows:
SECTION 2. TERM
AgreementThis
between
the Nothing in thisAgFeement fifnit
agr-eement
parties.
er- ether-wi
shall pr-eyvefit;
my
Agr-eement.
Likewise,
in this Agr-eefaeat lifnit inteFfere
nothing shall prreyeat; er- ethenh4se
This Agreement shall be of a continuing nature and for an indeterminate term,
provided, however, that: nothing in this Agreement shall prevent, limit or otherwise
interfere with the right of the City Council to terminate the services of the City Attorney
at any time, subject only to the provisions set forth in the City Charter and Section 11 of
this Agreement. Likewise, nothing in this Agreement shall prevent, limit or otherwise
interfere with the right of the City Attorney to resign at any time from the City Attorney
position subject only to the provisions set forth in the City Charter and Section 11 of this
Agreement.
2. Section 6 of the 2015 Agreement is amended to read as follows:
SECTION 6. VACATION, ADMINISTRATIVE, AND SICK LEAVE
Effective with the pay period that includes October 1, 2018, Tthe City Attorney
shall earn and be credited with Vacation Leave at a rate equal te the highest fate eamed by
any ether- empleyee ef the City of 160 hours per ,year. The amount will be eapped-4a
aeeer-danee with the ' Notwithstanding_ any
limitations in the Employee Resource Guide, the City Attorney is entitled to accrue
vacation leave without limit. If the City Attorney intends to consecutively use more than
100 hours of vacation time, he must get pre -approval from City Council.
26
The City Attorney shall receive the same Sick Leave provided to other City
employees.
NewAthstanding any limitafiens in the Empleyee Reseume Guide, the City
City etnpleyees,.
3. In all other respects, the Agreement entered into on July 28, 2015 shall remain in
full force and effect.
THE CITY OF MARATHON, FLORIDA
Michelle Coldiron, Mayor
ATTEST:
Diane Clavier, City Clerk
(City Seal)
APPROVED AS TO FORM AND LEGALITY FOR THE USE
AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY:
Scott Black, Special Counsel
Witnesses:
r
DAVID MICHAEL MIGUT
27
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
This First Amendment to the Employment Agreement entered into on July 28, 2015 ("2015
Agreement"), by and between the City of Marathon, Florida, a Florida municipal corporation (the
"City") and David Michael Migut ("City Attorney") is entered into this day of June 2018.
WHEREAS, the City Attorney has served in his position since August 25, 2015; and
WHEREAS, the 2015 Agreement is for a term of three years; and
WHEREAS, the parties wish to amend the 2015 Agreement.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties
agree as follows:
1. Section 2 of the 2015 Agreement is amended to read as follows:
SECTION 2. TERM
between the Nothing in
this Agreement
lifait
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This Agreement shall be of a continuing nature and for an indeterminate term,
provided, however, that: nothing in this Agreement shall prevent, limit or otherwise
interfere with the right of the City Council to terminate the services of the City Attorney
at any time, subject only to the provisions set forth in the City Charter and Section 11 of
this Agreement. Likewise, nothing in this Agreement shall prevent, limit or otherwise
interfere with the right of the City Attorney to resign at any time from the City Attorney
position subject only to the provisions set forth in the City Charter and Section 11 of this
Agreement.
2. Section 6 of the 2015 Agreement is amended to read as follows:
SECTION 6. VACATION, ADMINISTRATIVE, AND SICK LEAVE
Effective with the pay period that includes October 1, 2018, Tthe City Attorney
shall earn and be credited with Vacation Leave at a rate equal to the 1i"hiaQ* ""*e ea""'ed by
ethe„ employee of the City of 160 hours per year.
' Notwithstanding any
limitations in the Employee Resource Guide, the City Attorney is entitled to accrue
vacation leave without limit. If the City Attorney intends to consecutively use more than
100 hours of vacation time, he must get pre -approval from City Council.
pklel
The City Attorney shall receive the same Sick Leave provided to other City
employees.
3. In all other respects, the Agreement entered into on July 28, 2015 shall remain in
full force and effect.
THE CITY OF MARATHON, FLORIDA
Michelle Coldiron, Mayor
ATTEST:
Diane Clavier, City Clerk
(City Seal)
APPROVED AS TO FORM AND LEGALITY FOR THE USE
AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY:
1tr
Scott Black, Special Counsel
DAVID MICHAEL MIGUT
Witnesses:
�stcu� cx�.uc�e,
�9
MEMO
TO: File
FROM: Linda Nite
RE: Conflict Counsel Candidate — Cynthia Everett, Esq.
DATE: May 2, 2019
Today (5/2/19), we received an email from Cynthia Everett advising that her
government hourly rate for the proposed type of work would be $275. She will
draft an agreement specific to the engagement, if City desires to move forward.
Thanks!
Linda
30
CYNTHIA A. EVERETT
(305) 598-4454 ( cae@caeverett.com
PROFESSIONAL EXPERIENCE
Cynthia A. Everett, P.A., Coral Gables, Florida
Managing Attorney, 2018 - present
Practicing in the areas of labor and employment and local government law including
litigation, appeals, arbitration, mediation, contract negotiations, investigations and advising
on policy, compliance and ethics. Board certified by The Florida Bar in labor and
employment law and a Florida Supreme Court certified county, circuit and appellate
mediator.
City Attorney, City of Fort Lauderdale, Fort Lauderdale, Florida
2013 - 2018
Served as chief legal officer for city of 165,000 and as general counsel for the City of Fort
Lauderdale Community Redevelopment Agency. Managed a staff of eleven attorneys and
multiple support personnel; supervised outside counsel; developed annual budgets;
prepared and reviewed ordinances, resolutions, contracts and related legal documents in the
areas of land use and zoning, labor and employment, real estate, public works, public safety,
public finance, grants, and economic development; provided legal advice and opinions to the
City Commission, executive officers and department directors, provided guidance and
opinions in the areas of ethics, conflicts of interest, elections, public records and government
in the sunshine issues; attended all City Commission and Board meetings, conducted, and
assisted in, investigations of complaints of local, state and federal laws as requested, and
represented the City in legal matters before state and federal courts, and administrative
agencies.
Cynthia A. Everett, P.A., Miami, Florida
Managing Attorney
Village Attorney, Village of Pinecrest, Pinecrest, Florida
1999-2013
General Counsel, Our Kids of Miami-Dade/Monroe, Inc., Miami, Florida
2005-2011
Practiced in the areas of labor and employment, local government and insurance defense
law. Served as Village Attorney and chief legal officer for the Village of Pinecrest, Florida
(1999-2013). Provided legal advice to the Village Council, Village officials and Village staff;
attended all regular and special meetings of the Village Council; attended code enforcement
and planning board meetings and handled litigation matters involving land use and zoning,
contractual matters, civil forfeitures and appeals. Conducted and assisted in investigations
of complaints of violations of local, state and federal laws. Served as Special Counsel for the
31
CYNTHIA A. EVERETT
Page two
EXPERIENCE (continued)
City of Miami Civil Service Board and the City of North Miami, as an investigator for the City
of Hallandale Beach, and served as special magistrate for code enforcement for the Town of
Miami Lakes.
Adjunct Law Professor, Florida International University College of Law, Miami, Florida
2004 - 2008
Taught upper division courses in Employment Discrimination and Local Government Law.
City Attorney, City of Opa-locka, Opa-locka, Florida
1997 -1999
Served as chief legal officer for city of 17,000. Provided legal advice to city officials and
department heads. Handled litigation matters involving labor and employment law, tort and
contractual matters, as well as zoning and other municipal issues.
Law Offices Williams & Associates, P.A., Miami, Florida
Senior Associate.1995 -1997
Practiced in federal and state courts in the following areas: personal injury, medical
malpractice, commercial litigation, employment law, including discrimination and wrongful
termination. Represented parties in administrative hearings before the Florida Public
Employees Relations Commission and the U.S. Equal Employment Opportunity Commission.
Served as a Hearing Examiner for bid protest matters for Miami -Dade County.
United States Attorney's Office for the Southern District of Florida, Miami, Florida
Assistant United States Attorney (Civil Divisionl. 1989 -1995
Defended the United States in civil lawsuits involving personal injury, medical malpractice,
employment discrimination and other general civil cases. Prosecuted civil fraud, contract,
labor and civil forfeiture cases.
Miami -Dade County State Attorney's Office, Miami, Florida
Assistant State Attorney, 1982 -1989
Prosecuted criminal cases in county, juvenile and circuit courts. Served as Felony Division
Chief (1987-1989). Supervised three attorneys; prosecuted homicide and other specially
assigned criminal cases.
BAR ADMISSIONS AND CERTIFICATIONS
• Admitted to The Florida Bar
• Admitted to the District of Columbia Bar
• Admitted to the District Court for the Southern and Middle Districts of Florida
32
CYNTHIA A. EVERETT
Page three
• Admitted to the United States Court of Appeals for the Eleventh Circuit
• Admitted to the United States Supreme Court
• Supreme Court of Florida Certified Civil and Appellate Mediator
• Florida Bar Board Certified in Labor and Employment Law
EDUCATION
The George Washington University, Washington, D.C.
Juris Doctor,1982
The Florida State University, Tallahassee, Florida
Bachelor of Arts, December 1978
Major: Government
PROFESSIONAL AFFILIATIONS
• Florida Municipal Attorneys Association, President-elect, 2017-2018
• The Florida Bar:
o Leadership Academy Committee, 2013-2016
o Annual Convention Committee, 2011-2013
o Executive Council City, County and Local Government Law Section,
2004-2011
o Labor and Employment Law Certification Committee, 2000 to 2002
o Elections Committee,1999-2000
o Long Range Planning Committee,1999-present
o Executive Council Trial Lawyers Section,1997 to 2003
o Board of Governors Special Committee on Election Reform,1998
o Trial Lawyers Section and Labor and Employment Law Section, 1996 to
present
o City, County and Local Government Law Section,1997 to present
o Grievance Committee,1991-1994, Chair,1993-1994
o Student Education and Admissions to the Bar Committee,1992-1995
o The Florida Bar Board of Governors,1994 to 1998
o Rules Committee Chair,1997-1998
o Pro Bono Legal Services Committee Chair,1997-1998
o Disciplinary Review Committee, Chair,1996 to 1997
o Board Review Committee on Professional Ethics, Vice-Chair,1995-1996
o Special Committee to Study Board Composition,1997
o President's Special Task Force on Advertising, 1995-1997
• National Bar Association:
o Region XI Director, 2006 to 2007
33
CYNTHIA A. EVERETT
Page 4
PROFESSIONAL AFFILIATIONS (continued)
o Special Assistant to the President, 2005-2006
o Chief of Staff to the President,1994-1995
o Chair, Resolutions Committee, 1994-1995
• Virgil Hawkins Florida Chapter National Bar Association General Counsel, 2004-2005
Treasurer,1993 to 1997
• Broward County Bar Association
• Dade County Bar Association
• Federal Bar Association
• National Bar Association -Women Lawyers Division, Dade County Chapter k/n/a
Gwen S. Cherry Black Women Lawyers Association, President, 1989 to 1991
• State of Florida:
o Eleventh Judicial Circuit Nominating Commission, 2004-2008
o State of Florida Third District Court of Appeal judicial Nominating
Commission,1991 to 1995
• United States District Court, Southern District of Florida:
o Magistrate judge Merit Selection Panel, 2009
o Ad Hoc Committee on Court Annexed Mediation, 2007-2017
o Ad Hoc Committee on Rules and Procedures, 2005-present
o Ad Hoc Committee on Attorney Admissions, Peer Review and Attorney
o Grievance,1997-1999
• Florida Association for Women Lawyers
• Black Lawyers Association, k/n/a Wilkie D. Ferguson, Jr. Bar Association:
o President,1999-2000
o Co -Chair Election Committee, 2000-2001
o Chair -Issues Committee, 2004-2005
• T. J. Reddick Bar Association
• Dade County Bar Put Something Back Program
• Volunteer Lawyers Project -Southern District of Florida
PROFESSIONAL AND CIVIC ACTIVITIES
• Moderator, "Election Trends and What you Should Know When Considering a Run for
Public Office", 5th Annual Women of Color Empowerment Conference, September
2015
• Moderator, "Sober News about Sober Houses", Miami -Dade County League of Cities
Third Annual Best Practices Conference, 2013
• Guest Speaker, "Conflict Resolution", Alpha Kappa Alpha Pi Delta Omega Chapter
Annual Weekend Retreat, 2013
34
CYNTHIA A. EVERETT
Page five
• Panelist, American Bar Association, Emerging Issues In Healthcare Law Conference
• "Breast Cancer Legal Advocacy Workshop", February 2013
• Speaker, Florida International University College of Law, Professionalism Workshop,
January 2011
• Panelist, Miami -Dade FAWL Luncheon - "Taking Control of Your Career", Jan. 2011
• Member, Miami -Dade County League of Cities, City Attorney's Advisory Committee
2011-2013
• Fund-raising Committee, Miami -Dade County Law Library, 2008
• Co -Chair, 2007 Anti -Defamation League Jurisprudence Luncheon
• Co -Chair, National Bar Association Mid -Year Conference, 2007
• Law Day keynote speaker, Lawson E. Thomas Courthouse Center, Judge Rippingille,
May 2005
• Panelist, Florida Bar Minority Bar Summit, January 2005
• Panelist, Eleventh Judicial Circuit, New Judges Orientation, Fall 2004
• Panelist, Rachlin Cohen & Holtz LLP The 7th Annual Governmental Symposium,
October 2001
• Speaker, Stetson University College of Law and The Florida Bar Labor & Employment
Section Fifteenth National Conference on Labor and Employment Law,
September 2001
• Participant, Florida Board of Bar Examiners Symposium for Bar Admission Strategies,
March 2001
• The Florida Bar Trial Advocacy Seminar, February 2000
• Seminar Workshop Leader, 1999 International Association of Black Professional
Firefighters, Inc. Fall Conference
• Speaker, The Florida Bar Government Lawyer Section and American Bar Association
Government and Public Sector Lawyers' "Professionalism Under the Palms" Seminar,
May 1999
• Speaker, Nova University College of Law Symposium on Professionalism,1998
• Panelist, 1997, the Florida Bar All Bar Conference, "Increasing Membership &
Inclusivity In Your Bar Organization"
• Presenter, "An Overview of Non -Compete Agreements", National Bar Association
Corporate Counsel Conference, New York, New York,1997
• Speaker, "Women In The Law" Luncheon, Southern Regional Black Law Students
Association Convention,1995
• Member, Florida Bar Meritorious Public Service Award,1994
• Steering Committee, The Women's Hemispheric Conference,1994
• Chief of Staff to President, National Bar Association, 1993-1994
• Instructor, U.S. Department of Justice Civil Trial Advocacy Course, Washington, D.C.,
1993
35
CYNTHIA A. EVERETT
Page six
HONORS AND AWARDS
• T.J. Reddick Bar Association Achievement in the Profession Award, 2018
• Gwen S. Cherry Black Women Lawyers Association Community Pillar Honoree, 2018
• The Florida Bar City, County, Local Government H. Hamilton "Chip Rice", Jr. Award,
2013
• U. S. District Court for the Southern District of Florida Black History Month Committee
Legal Trailblazer Award, 2011
• Wilkie D. Ferguson, Jr. Bar Association Foundation Distinguished Honoree Award
2010
• Miami -Dade Florida Association of Women Lawyers 2009 Mattie Belle Davis Award
• Alpha Kappa Alpha, Pi Delta Omega Chapter 2009 Spirit Award
• Equal Opportunities in the Profession Award, The Florida Bar Equal Opportunities
Law Section, 2006
• Put Something Back Pro Bono Service Award, July 1999
• Delta Sigma Theta, Sorority, Inc., Miami Alumnae Chapter, Outstanding Achievement
in Law Award, March 1999
• Champions of Change Award, St. Thomas University Black Law Students Association,
1998
• Black Lawyers Association, Inc. Honoree,1996
• University of Miami Black Law Students Association Nelson Mandela Award,1995
• Member, Florida Bar Meritorious Public Service Award, 1994
• National Bar Association Presidential Award, 1994
• Florida Trend Florida's Legal Elite
• Florida Super Lawyers®
• South Florida Legal Guide Top Attorney
• AV Rated -Martindale Hubbell
CIVIC AND COMMUNITY AFFILIATIONS
• Chair, Board of Directors, Cherry Bar Foundation
• Miami -Dade County League of Cities City Attorney's Advisory Committee
• Miami -Dade County Ethics Task Force Member
• United States Selective Service Board Member
• Gwen Cherry Park Foundation: Board Member and Treasurer
• United Way of Dade County: Board of Trustees/1993 Campaign Cabinet
• NAACP
• Miami Partners for Progress
• Mentor, University of Miami School of Law, Professional Opportunities Program
• Literacy for Every Adult in Dade/JUMP Advisory Council
• Cities in Schools of Miami, Inc.
36