HomeMy WebLinkAboutResolution 2002-29 RESOLUTION NO. 2002-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA APPOINTING ANTHONY A. GARGANESE AND
THELAW FIRM OF BROWN, WARD, SALZMAN & WEISS, P.A. AS CITY
ATTORNEY FOR THE CITY OF CAPE CANAVERAL, FLORIDA;
PROVIDING REPEAL OF PRIOR INCONSISTENT RESOLUTIONS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Anthony A. Garganese and the law firm of Brown, Ward,
Salzman & Weiss, P.A. desire to become City Attorney for the City of Cape
Canaveral, Florida; and
WHEREAS, the City Council of the City of Cape Canaveral desires to retain
Anthony A. Garganese and the law for, of Brown, Ward, Salzman & Weiss, P.A. as
City Attorney pursuant to Article VII of the City Charter; and
WHEREAS, the City Council of the City of Cape Canaveral finds that this
Resolution is in the best interests of the public health, safety and welfare of the City
of Cape Canaveral.
NOW THEREFORE, be it resolved by the City Council of the City of Cape
Canaveral as follows:
SECTION 1. Agreement for Legal Services. The City Council of the City of
Cape Canaveral hereby appoints Anthony A. Garganese and the law firm of Brown,
Ward, Salzman & Weiss, P.A. as City Attorney pursuant to the terms of the
Agreement for Legal Services attached hereto and incorporated herein by this
reference.
SECTION 2. Repeal of Prior Inconsistent Resolutions. All prior resolutions
or parts of resolutions in conflict herewith are hereby repealed to the extent of the
conflict.
SECTION 3. Severability. If any section, subsection, sentence, clause,
phrase, word or portion of this Resolution or Agreement for Legal Services is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
SECTION 4. Effective Date. This Resolution shall become effective
immediately upon adoption by the City Council of the City of Cape Canaveral,
Florida.
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City of Cape Canaveral, Florida
Resolution No. 2002 -29
Page 2
Co' RESOLVED BY the City Council of the City of Cape Canaveral, Florida in a
regular meeting assembled on this 20"' day of August, 2002.
Cam
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Jim Morgan X
Susan ills, CL •RK Buzz Petsos Second
Rocky Randels X
Richard Treverton X
APPROVED AS TO FORM:
Larry Weber Motion
Kohn Benne , CITY ATTORNEY
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AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT FOR LEGAL SERVICES is entered into between BROWN,
WARD, SALZMAN, & WEISS, P.A. (hereinafter: the "Law Firm "), 225 East Robinson Street,
Suite 660, Post Office Box 2873, Orlando, Florida 32802 -2873 and THE CITY OF CAPE
CANAVERAL, FLORIDA, a Florida Municipal Corporation, whose address is 105 Polk Avenue,
Post Office Box 326, Cape Canaveral, Florida 32920 (the "City "). This Agreement shall bind the
parties upon its execution by their representatives and shall become effective upon the date of the last
signature.
RECITALS:
WHEREAS, the Law Firm desires to provide legal services to the City and the City desires
to receive such services; and
WHEREAS, the parties mutually desire to finalize in writing this Agreement for legal
services; and
WHEREAS, the City Council finds this Agreement is in the best interests of the public health,
safety, and welfare of the City of Cape Canaveral.
NOW THEREFORE, in consideration of the mutual covenants and promises set forth
herein, the parties agree as follows:
1.0 ENGAGEMENT OF THE LAW FIRM. The City hereby engages the Law Firm, and the
Law Firm agrees to perform the services set forth below. Anthony A. Garganese, a shareholder in
the Law Firm, shall be designated the City Attorney and shall serve as a Charter Officer of the City
of Cape Canaveral. The other attorneys of the Law Firm who are directed by the City Attorney to
provide legal services to the City shall serve as Assistant City Attorneys pursuant to the City Charter.
The Law Firm understands and agrees that all services contracted for are to be performed solely by
the Law Firm and may not be subcontracted for or assigned unless provided in this Agreement.
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2.0 SCOPE OF SERVICES.
A. Law Firm agrees to represent the City in all legal proceedings and will perform all
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other duties assigned by the City Council in accordance with City of Cape Canaveral, City Charter,
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and any amendments or modifications thereto. In furtherance of the responsibilities designated under
the City Charter, the Law Firm agrees under the direction of the Cape Canaveral City Council and
Cape Canaveral City Manager to perform certain professional legal services more particularly
described as follows: 1) Prepare and file pleadings, motions, or briefs which may be required and
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represent the City in any and all litigation (including but not limited to actions brought by or against
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1 the City in a judicial or administrative forum and all appeals), except such actions as may be assigned
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to special counsel or be covered by an insurance policy naming the City as the insured or actions
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1 jointly defended with the City of Cape Canaveral; 2) Initiate and conduct discovery including
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1 depositions on behalf of the City and represent the City in discovery initiated by opposing parties; 3)
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Represent the City and attend City Council meetings (unless excused from attendance by the City
Council or City Manager); 4) Draft/Review ordinances, resolutions, contracts, and correspondence
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relating to the transaction of City business and affairs; 5) Perform legal research and render legal
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advice; 6) Review and analyze City legal files, data, documents and other materials concerning the
matters referenced in this paragraph and advise on recommended legal course of action; 7) Attend
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and participate in meetings, conference calls, field trips or similar functions and report on the status
of the legal matters; 8) Act as an intermediary and legal advisor for the City when special counsel or
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r insurance defense counsel is appointed to represent the City in any legal proceeding; 9) Assist in bond
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transactions and bids; 10) Act as Law Firm pursuant to the City's Charter and this Agreement; 11)
Prepare formal legal opinions; 12) Provide legal representation, as set forth above, to City boards
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including the Planning and Zoning Board, Land Planning Agency, Architectural Review Committee,
Board of Adjustment, or other Boards as required by the Cape Canaveral City Council or City
Manager; 13) At the election of the City Council either prosecute cases before the City's Code
Enforcement Board or represent said Board and defend on appeal Board decisions rendered in such
prosecutions; 14) Complete real property transactions; 15) Prosecute code enforcement citations
before a court of competent jurisdiction; and 16) Such other legal services required by the City
Council or City Manager.
B. As Law Firm deems appropriate and in specialized matters, the Law Firm may
recommend to the City use of special legal counsel for defined purposes. If recommended by Law
Firm, the City Manager may approve use of special counsel for an expenditure of legal fees payable
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to the special legal counsel not to exceed the City Manager's spending authority approved by the City
Council. All other requests to utilize special counsel shall be subject to prior approval of the City
Council.
C. The Law Firm shall be bound by the requirements of Section 112.313(2), (4), (5), (6),
and (8), Florida Statutes (code of ethics). The Law Firm shall represent no private individual or legal
entity before the City in any proceeding or matter.
D. As determined to be necessary by the City Attorney, the other attorneys associated
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with the Law Firm shall serve as Assistant City Attorneys and provide legal services in accordance
with the terms and conditions of this Agreement.
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3.0 CONSIDERATION.
A. Compensation - Fees and Expenses.
1. The City shall be billed at a rate of $100.00 per hour for non - litigation related
legal services provided under this Agreement, and not to exceed $65.00 per hour for paralegals of
the Law Firm (if any). The City shall be billed at a rate of $110.00 per hour for litigation related legal
services provided under this Agreement; for example, a labor grievance; an administrative hearing;
a code enforcement or drug nuisance prosecution case; formal written legal opinions; pre -trial, trial,
post - trial, Appellate Proceedings; and forfeiture proceedings. Legal opinions rendered by the Law
Firm for any City financial transactions (e.g., bonds, special assessments) shall be determined based
on reasonable fees customarily charged for such opinions in the Central Florida area. Premium rates
will not be paid for overtime work. Upon request by the Law Firm, the City's City Council may be
asked to review and adjust this rate of compensation.
2. Routine expenses such as local phone calls, local travel expenses, word
processing, and clerical or secretarial services are overhead and will not be separately compensated.
Law Firm reserves the ability to charge for photographic copies, postage, long distance phone calls
and facsimile transmissions (as charged by the long distance carrier), at rates commensurate with the
general rate charged to other clients of the Law Firm.
3. Billing for services performed shall be on a monthly basis. Billable hours shall
be measured in 6 minute increments. All bills shall denote what attorney conducted the work, a brief
explanation of the type of work performed, the date on which the work was performed, and the
amount of time expended in performing the work. Reimbursement of costs for items such as exhibits,
title insurance commitment and policy, priority and overnight postage, computer research
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(e.g., Westlaw), environmental studies, appraisals, surveys, transcripts and witness fees will be at cost
to the Law Firm and will also be billed monthly. Billing invoices will be paid within fifteen days after
receipt by City.
B. Travel. In addition to the above compensation for fees and costs, justified and
reasonable travel expenses which are directly and exclusively related to the professional services
rendered under this Agreement will be reimbursed in accordance with Section 112 061, Florida
Statutes. Pursuant to Section 112.061, Florida Statutes, attorneys of the firm with whom the Law
Firm practices are designated as authorized travelers during the life of this Agreement. For the
purposes of computing travel expenses, the Law Firm's place of business shall be utilized for
computation of all travel expenses.
C. Sales Tax. The Law Firm shall not be exempted from paying Florida state sales
and use taxes to the appropriate governmental agencies or for payment by the Law Firm to suppliers
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for taxes on materials used to fulfill its contractual obligations with the City. The Law Firm shall not
use the City's exemption number in securing such materials. The Law Firm shall be responsible and
liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement.
The City shall reimburse the Law Firm for sales tax paid on cost items passed through to the City.
D. No Pledge of Credit. The Law Firm shall not pledge the City's credit or make the
City a guarantor of payment or surety for any contract, debt, obligation, judgment, hen or any form
of indebtedness.
4.0 DOCUMENTATION.
A. The Law Firm shall submit monthly written invoices. All invoices shall be submitted
to the City Manager at Cape Canaveral City Hall.
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B. The Law Firm shall maintain a file(s), available for inspection by the City Manager,
containing documentation of costs and fees incurred in connection with this Agreement. The file(s)
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shall be maintained for a period of one year after the cost or fee is incurred by the Law Firm, unless
otherwise notified in writing by the City specifying the document to be maintained.
5.0 PUBLIC RECORDS. As provided by Florida Statutes, anything, by whatsoever
designation it may be known, that is produced by or developed in connection with this Agreement
shall remain the exclusive property of the City and may not be copyrighted, patented, or otherwise
restricted as provided by Florida Statutes. Neither the Law Firm nor any other individual employed
under this Agreement shall have any proprietary interest in any product(s) delivered under this
Agreement. The reasonable cost of preparing and photocopying the documents for the City may be
charged for said services.
6.0 TERMINATION OF AGREEMENT.
A. In the event this Agreement is terminated by either party for convenience or cause,
all finished or unfinished documents, data, studies, correspondence, reports and other products
prepared by or for the Law Firm under this Agreement shall be made available to and for the
exclusive use of the City.
B. The City Council may terminate this Agreement for any reason or for its convenience
(without cause) by giving written notice to the Law Firm, including the effective date of termination.
The Law Firm may at any time terminate this Agreement for any reason or for convenience (without
cause) by giving thirty (30) days written notice to the City, including the effective date oftermination.
Upon termination of this Agreement by either party, the Law Firm shall honor the provisions of Rule
4 -1.16, of the Code of Professional Conduct of the Florida Bar.
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7.0 AMENDMENTS. Either party may, from time to time, request changes under this
Agreement. Such changes which are mutually agreed upon shall be incorporated in written
amendments to this Agreement.
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8.0 AGREEMENT AS INCLUDING ENTIRE AGREEMENT. This instrument, including
any attachments, embodies the entire agreement of the parties. There are no other provisions, terms,
conditions, or obligations. This Agreement supersedes all previous oral or written communications,
representations or agreements on this subject.
9.0 LIABILITY. The City shall defend the actions of the City Attorney and the Law Firm in
performing as the City's attorneys. The Law Firm shall maintain, during the period of this
Agreement, a professional liability insurance policy or policies affording a minimum one million
dollars in professional liability coverage for the professional services to be rendered to City under this
Agreement.
10.0 ADMINISTRATION OF AGREEMENT.
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A. The City contract administrator is the City Manager. Anthony A. Garganese is the
contractor administrator for the Law Firm. All written and verbal approvals referenced in this
Agreement (unless specified as being required to be obtained from the City Council) must be obtained
from the parties' contract administrators or their designees. From time to time either party may notify
the other, making a unilateral change in the person named by said party as the contract administrator
for said party. This contract shall be governed by and construed under the laws of the State of
Florida.
B. Any attorney employed by the Law Firm may provide legal representation under this
Agreement to the City, its officers and employees. The Law Firm may refer work under this
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Agreement to attorneys in said law firm.
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1 C. The City of Cape Canaveral, acting by and through its City Council as a collegial body,
shall be considered Law Firm' s client.
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IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the
date set forth below.
4 CITY OF CAPE CANAVERAL, FLORIDA:
DATE APPROVED BY CITY COUNCIL e A/ ,16 By 0 �‘ A
f / / Rocky Randels, Ma of
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Susan Sti Is, City C erk
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:RO,1IPA WN, RD, SAZMAN & WESS, ..
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Antho ny A. Garganese, Vice President
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Date: �/
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