Resolution No CRA 08-19-1096RESOLUTION NO. CRA 08-19-1096
A resolution authorizing the SMCRA Director to negotiate and enter into
an agreement with Cynthia Johnson -Stacks to provide the SMCRA with
Legal Services.
WHEREAS, the SMCRA desires to hire independent counsel from the City; and
WHEREAS, the SMCRA Director spoke to various other CRA Directors in Miami -
Dade County and determined that a majority of CRAB use separate attorneys due to CRAs
being separate legal entities from cities; and
WHEREAS, the SMCRA has a desire to hire an attorney that specializes in economic
development, housing,.and intergovernmental cooperation; and
WHEREAS, SMCRA staff has identified Cynthia Johnson -Stacks as an ideal attorney
for the Agency due to her 30 years as a County Attorney specializing in housing, economic
development, and Community Redevelopment Agencies.
NOW THEREFORE BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The South Miami Community Redevelopment Agency (SMCRA)
Board authorizes the SMCRA Executive Director to negotiate and execute an agreement
with Cynthia Johnson -Stacks for General Counsel Legal Services in an amount not to
exceed $40,000 per year, to provide legal advice to the SMCRA and SMCRA staff on
matters related to the SMCRA, attend SMCRA meetings, review for legal form and
sufficiency SMCRA agenda items and agreements, including related documents, and assist
in preparing such items; and an hourly fee of $225 for all additional legal services, with
prior Board approval, (including litigation, and labor and employment matters) as well as
any reasonable costs and expenses incurred in connection with all of these legal services,
except that the cost of insurance policies required by the SMCRA, including professional
liability insurance, will be paid out of the General Counsel Legal Services flat fee; and
charging the total expenditure to Account No. 610-1110-554-34-60 (Redevelopment
Services).
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 16thday of April, 2019.
Page 1 of 2
Res. No. CRA 08-19-1096
ATTEST:
L6 Q.,
SECRETA Y
READ AND APP
ED AS TO FORM
APPROVED:
CHAIR ERSON
Board Vote:
7-0
Chair Stoddard:
Yea
Vice Chairman Harris:
Yea
Member Welsh:
Yea
Member Liebman:
Yea
Member Gil:
Yea
Member Jackson:
Yea
Member Kelly:
Yea
Page 2 of 2
Cynthia Johnson -Stacks, P.A.
P.O. Box 566772
Miami, Florida 33256-6772
cj@cjstackslaw.com
April 15, 2019
Evan Fancher
Director, South Miami Community Redevelopment Agency
5825 S.W. 681' Street
Suite 4, Office 400
South Miami, Florida 33143
Re: Engagement Letter and Fee Agreement with the South Miami Community Redevelopment
Agency for General Counsel Legal Services
Dear Mr. Fancher:
I am pleased to be considered to provide legal services for the South Miami Community
Redevelopment Agency (CRA).
If this Engagement Letter and Fee Agreement (Engagement Letter) is approved by the CRA, I
agree to provide legal advice to the CRA and CRA staff on matters related to the CRA, attend
CRA meetings, review for legal form and sufficiency CRA agenda items and agreements and assist
in preparing such items or agreements (General Counsel Legal Services).
My fee for providing General Counsel Legal Services is a fixed fee of forty thousand dollars
($40,000.00) per year, payable in equivalent monthly installments of $3,333.33 by the 15' of every
month commencing July 15, 2019 and no later than 10 days thereafter. This fixed fee does not
include payment for litigation or labor and employment matters which are additional services
(Additional Services). Any Additional Service that I am requested to perform may be performed
by me and billed on an hourly basis at an hourly rate of $225 per hour with minimum billing
increment of two -tenths (.20) of an hour, as well as any reasonable costs and expenses incurred in
connection with the provision of such Additional Services, subject to CRA Board approval.
Where this Engagement Letter or any amendment hereof calls for billing or payment on other than
a monthly schedule, the CRA will remit the funds to me as soon as practicable but in no event
more than 20 days after funds are payable. Within 10 days of the CRA's receipt of a billing
statement for any Additional Service, the CRA shall refer to me any questions or additional
information needed prior to funding the invoice. If I do not hear from you within that time period,
I will assume that you have accepted the billing statement as being correct. Any payment required
by this Engagement Letter that falls on a day which is not a CRA business day, the payment shall
be made on the next succeeding business day.
The CRA agrees to be responsible for reasonable costs and expenses incurred in my provision of
Engagement Letter
Cynthia Johnson -Stacks, P.A.
Page 2
General Counsel Legal Services to the CRA. These expenses may include costs such as courier,
delivery, copying, printing, postage, and record searches or travel outside of Miami -Dade County,
which travel shall be prior approved by the CRA.
The CRA may terminate my participation in this engagement at any time for any reason by
notifying me in writing. Any termination of my services under this Engagement Letter will not
affect the CRA's responsibility for payment outstanding statements and accrued fees and expenses
incurred either before termination or in connection with an orderly transition of any matter. If
termination occurs, the papers and property of the CRA, if any, will be returned promptly upon
receipt of payment for outstanding fees and costs. My files, including any attorney work product
pertaining to the matter will be retained by me or destroyed. I recognize that CRA is a public entity
and I will comply with applicable requirements of Chapter 119, Florida Statutes (including any
applicable exception, retention, and disclosure requirements).
I also may terminate this engagement at any time, if the CRA fails to fulfill its obligations under
this Engagement Letter, including its obligation to timely pay required fees and expenses, or as
may be permitted or required under any applicable standards of professional conduct or rules of
court, upon such notice as may be required. Unless previously terminated, the engagement with
the CRA will terminate upon my sending the CRA its final statement for services rendered.
I agree to abide by all applicable ethical laws, ordinances and rules, and further agree not to endorse
candidates, make financial contributions, sign or circulate petitions, or financially or otherwise
participate in fund-raising activities for individuals seeking or holding elected office in the City of
South Miami. By agreeing to this Engagement Letter, neither the CRA Board nor any individual
member thereof shall request that I endorse any candidate, make any financial contribution, sign
or circulate any petition, or participate in any fund-raising activity for individuals seeking or
holding elected office.
My engagement is with the mutual agreement that the provision of legal services to the CRA will
not preclude me from accepting any engagement from any client provided that (i) such engagement
is not substantially related to the subject matter of this engagement with the CRA, and (ii) in
accepting such other engagement, I would not impair any proprietary or otherwise confidential
communications that the CRA has had with me.
I am ready to commence my provision of services under this Engagement Letter as of May 15,
2019. If the terms described in this Engagement Letter are satisfactory and meet with your
approval, please sign it and return it to me. I look forward to performing these services in a
professional and effectiv-e Farmer.
--4� PA
Agreed to this ) S day of {_ _ , 2019.
By: Evan Fancher, D' ctor South Miami CRA (Approved by CRA Resolution No.
Cynthia Johnson -Stacks
Professional Biography
Ms. Johnson -Stacks recently completed 35 years of distinguished service and leadership
as an Assistant Miami -Dade County Attorney.
Areas of Proficiency:
• Advising the Board of County Commissioners, Commission committees, the
Office of the Mayor, and numerous other County officials and staff; numerous
County boards and committees, including three Home Rule Charter Review
Committees, the Miami -Dade County Homeless Trust, the Housing Finance
Authority of Miami -Dade County, and boards and committees created to study
issues related to incorporation and annexation
• Practicing in areas involving intergovernmental agreements between the County
and municipalities, community redevelopment, public and affordable housing,
economic development, public ethics, and other areas of local government law
• Drafting proposed Home Rule Charter amendments, and County ordinances and
resolutions
Florida Bar Board Certification:
• Certified as an expert in City, County, and Local Government Law since 1998
• Chaired The Florida Bar's Board of Legal Specialization and Education
• Served as a member of the City County Local Government Law Certification
Committee which tests and evaluates applicants for board certification in the area
Awards
• AV rating by Martindale -Hubbell
• Florida Legal Elite Top Government Attorney
Bar Memberships:
• The Florida Bar
• U.S. District Court, Southern District of Florida
• U.S. Eleventh Circuit Court of Appeals
• U.S. Supreme Court
Educational Background:
Georgetown University Law Center, Juris Doctorate, 1983
Fisk University, Bachelor of Science, 1979