Resolution No. 22-85RESOLUTION NO. 22-85
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA
APPROVING THE HIRING OF JASON GABRIEL WITH THE FIRM OF
BURR & FORMAN TO PROVIDE CITY ATTORNEY SERVICES;
PROVIDES FOR CONFLICTS; AND PROVIDES AN EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach issued an Invitation to Negotiate for legal services;
and
WHEREAS, the City received a highly qualified response from Jason Gabriel of Burr &
Forman with a proposal that would benefit the City; and
WHEREAS, each of the members of the Commission received a copy of the proposal by
Jason Gabriel of Burr & Forman;
WHEREAS, each of the members of the Commission had an individual meeting with Jason
Gabriel with an opportunity to interview him, ask questions and address concerns;
WHEREAS, after the meeting, each member of the Commission indicated that they wanted
to move forward with negotiating a contract, so staff drafted and negotiated a contract with Jason
Gabriel of Burr & Forman, a copy of which is attached.
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach
as follows:
SECTION 1. The City Commission hereby approves the hiring of Jason Gabriel of Burr
& Forman to provide City Attorney services to the City and directs the City Manager to execute the
contract on behalf of the City, to be effective December 1, 2022.
SECTION 2. All resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
SECTION 3. This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Commission of Atlantic Beach, this 141" day of
November, 2022.
E len Glasser, Mayor
Attest:
�7�G�vrLtt 0l
Donna L. Bartle, City Clerk
Approved as to form and correctness:
B enna . Durd C'ty Attorney
BURR•:-FORMANLLP
results matter
Burr & Forman LLP
Jason R. Gabriel
Bank of America Tower
Direct Dial: (904) 232-7211 50 North Laura Street
jgabriel@burr.com Suite 3000
Jacksonville, FL 32202
Office (904) 232-7200
Fox (904)232-7201
BURR.COM
November 9, 2022
VIA U.S. MAIL & ELECTRONIC MAIL
Shane Corbin
City Manager
City of Atlantic Beach
City Hall
800 Seminole Road
Atlantic Beach, FL 32233
Phone: (904) 247-5817
Email: scorbin@coab.us
Re: Legal Representation of City of Atlantic Beach by Burr & Forman LLP; ITN 22-01
Dear Mr. Corbin:
Thank you for selecting Burr & Forman, LLP ("Burr") to represent the City of Atlantic
Beach ("COAB" or "City"). We value the relationships we build with our clients and believe it
will be mutually beneficial to have a clear understanding of our engagement. Accordingly, this
letter confirms COAB's authorization for us to act on its behalf, and our engagement to represent
COAB. If you have any questions regarding this letter, please give me a call.
Scope of Engagement. Through the Invitation to Negotiate (ITN) process conducted by
COAB (ITN 22-01) you have requested that we provide legal counsel, and perform the duties of
City Attorney for COAB. The scope of services for such legal services will include:
• Acting as the legal advisor to, and attorney and counselor for, the City (COAB) and its
officers in matters relating to their official duties; and
• Preparing or reviewing (as applicable) all contracts or instruments in which the City is
concerned and giving an endorsement of approval as to form and correctness; and
• Furnishing opinions on questions of law relating to the powers and duties of city officers;
and\
al • de • fl • ga • ms • nc • sc • to
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• Attending all City Commission meetings, Community Development Board meetings and
other meetings as requested by the City Manager; and
• Having a presence at City Hall to be available to staff, as needed, not including required
meetings;
• Performing such other duties as may be required by ordinance or resolution of the City
Commission.
• Legal services shall by under the day-to-day direction of the City Manager.
Burr designates, and COAB accepts, Jason R. Gabriel, Esq., as the primary attorney
assigned to COAB work. Other attorneys within Burr may be utilized from time to time to provide
legal services and/or fulfill the duties and responsibilities of the City Attorney. Any attorney
designated in Jason Gabriel's absence to fulfill the duties and responsibilities of the City Attorney
role shall meet the minimum requirements of COAB. Based on the scope of services outlined in
the ITN, it is anticipated that the legal services provided will be approximately 24 hours per week.
The City Commission for COAB may conduct an annual evaluation of the performance of Burr.
We may agree with COAB to limit or expand the scope of our representation from time to
time, provided that any such change is confirmed by both parties in writing.
Fees, Expenses and Other Charges.
For this particular engagement we will provide the legal services for a flat fee in the amount
of $12,500.00 monthly ($150,000.00 annually) subject to annual increases at 5% per year, unless
otherwise agreed to by the parties.
The flat fee set forth herein is intended to cover standard routine legal work for COAB
described in the above scope. Accordingly, in the event that further counsel or legal services is
required beyond what is standard and routine for COAB, then additional legal fees will be incurred
for such additional work and time. For example, it is anticipated that at times our firm may be
asked to provide legal services in prosecuting or defending for or on behalf of COAB, civil
complaints, suits, or controversies in which COAB is a party. Furthermore, there may be times
where COAB engages our firm in special projects such as Redistricting or reviews of the
Comprehensive Plan, Land Development Code, Ordinance Code or Charter. On occasion,
additional counsel may be engaged, with the City's approval, for specialized areas of the law. Such
non -routine matters, matters of special expertise or other matters not identified in the scope of
services provided herein, would be considered exclusive of the flat fee arrangement, and in such
event, we will communicate and either agree to an additional flat fee amount to cover the legal
fees of the extended legal services or to the extent we do not agree to an additional flat fee amount,
we will provided such additional legal services at our discounted governmental hourly rates as set
forth below:
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Timekeeper
Title
Proposed Hourly Rate
Jason Gabriel
Partner — Government Law
$385
Rita Mairs
Counsel — Government Law
$360
Adrian Rust
Partner — Litigation
$420
Scott Thomas
Partner — Litigation
$425
Kolton Bell
Associate
$175
Rachel Greene
Paraprofessional
$110
Other Representation. As you may be aware, we are a relatively large law firm, and we
represent many other companies and individuals. It is possible that some of our present or future
clients will have disputes or transactions with you during the time that we are representing you.
Therefore, as a condition to our undertaking this matter for you, you have agreed that this firm
may continue to represent or may undertake in the future to represent existing or new clients in
any matter that is not substantially related to our work for you. We agree, however, that your
prospective consent to conflicting representation contained in the proceeding sentence shall not
apply in any instance whereas the result of our representation of you we have obtained sensitive,
proprietary or other confidential information of a non-public nature that, if known to any such
other client of ours, could be used in any such other matter by such client to your material
disadvantage. During the term of this engagement, Jason Gabriel, Esq. and members of Burr shall
observe the requirements regarding conflicts of interest as set forth in the Rules Regulating the
Florida Bar and it Professional Rules of Professional Conduct.
Invoices and Payments. We will render invoices to you monthly for legal services,
expenses and other charges. Any bills that are above the flat fee agreed upon by the parties, will
be itemized. Our invoices are payable upon receipt and are considered overdue if not paid within
thirty (30) days. I will review our firm's statements before they will be sent to you each month. If
you have any questions pertaining to your statement, please contact me immediately so we can
discuss your concerns or questions. Our object in all events will be to minimize legal fees while
attempting to provide you with the best possible representation. If you fail to pay any statement
within thirty (30) days after receipt, you agree to pay interest on the delinquent amount at 1.0%
per month (12% per annum). You hereby acknowledge that the firm's estimates concerning the
likely outcome of your matter or regarding the cost of representation are not guarantees of such
final outcome or cost. If the firm determines that it is necessary to take any action to enforce this
agreement or collect any delinquent fees and expenses, you agree to pay the reasonable costs and
attorney's fees incurred by the firm in enforcing this agreement or collecting any amounts due,
including attorneys' fees incurred in any bankruptcy proceeding or on appeal. In addition, in the
event fees are not promptly paid in accordance herewith, we reserve the right to assert an attorney's
charging lien as a lien against any monies recovered on behalf of you, and an attorney's retaining
lien upon your files and all papers, documents, and instruments in our possession. Exclusive venue
for any action between you and the firm will be in Duval County, Florida and you hereby waive
the right to a jury trial in any such action.
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Public Records Law. Pursuant to Section 119.070 1, Florida Statutes, Burr & Forman, LLP
will comply with Florida's public records laws, specifically to: (1) Keep and maintain public
records as required by Florida law; (2) Upon request from COAB's custodian of public records,
provide COAB with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided by law; (3) Ensure that
public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed, except as authorized by law; and (4) Upon completion of this
engagement, transfer, to COAB all public records that it requests.
IF THERE ARE QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THIS FIRM'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE CITY OF
ATLANTIC BEACH (CITY CLERK) AT DBARTLE@COAB.US, (904) 247-
5809 AND 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA 32233.
All files generated as a result of this engagement are the property of the COAB and shall
be turned over promptly upon request after resolution of all compensation issues. During resolution
of compensation issues, the City shall be provided a copy of all of its files at no cost to the City,
in order to protect its legal interests.
We are pleased that you have considered Burr & Forman to represent you as the City
Attorney and we look forward to serving you.
Sincerely,
Jason R. Gabriel Date:
Acceptance of Engagement. The City Commission accepted the terms of this letter of agreement
on November 14, 2022 and authorized the undersigned to execute this agreement, which will
commence on December 1, 2022 and may be terminated by either party without cause at any time.
The City will be obligated to pay Burr for all work completed as of that date.
Agreed to and accepted:
Shane Corbin, City Manager Date:
City of Atlantic Beach
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