HomeMy WebLinkAboutResolution 2001-01 I
RESOLUTION NO. 01-01
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
i COUNTY, FLORIDA; AUTHORIZING THE ANNUAL RENEWAL OF THE
LEGAL SERVICES CONTRACT WITH THE LAW FIRM OF AMARI &
THERIAC, P.A., BY AND THROUGH KOHN BENNETT AS A MEMBER
OF THE FIRM, TO PROVIDE LEGAL SERVICES TO THE CITY OF �
CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
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NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1. The City Council, by passage of this Resolution, hereby authorizes
the annual renewal of the Legal Services Contract with Amari, Theriac, P.A. dated
December 15, 1998, for the provision of Legal Services to the City of Cape Canaveral,
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Florida; a copy of said Legal Services Contract is attached hereto and made part hereof
by reference.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
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ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 16th
day of January, 2001.
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Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Burt Bruns Motion
ndra I; mit , 1 LERK Buzz Petsos X
Rocky Randels X
Richard Treverton X
APPROVED AS TO FORM:
Larry Weber Second
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Kohn Benne , C ► ATTORNEY
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1 LEGAL SERVICES CONTRACT
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THIS AGREEMENT, dated this 7th day of December, 2000, by and between the CITY OF CAPE
CANAVERAL, FLORIDA, a municipal corporation, hereinafter referred to as "City", and the law firm of
AMARI & THERIAC, P.A. ( "Firm "), by and through KOHN BENNETT, as a member of the Finn, !
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hereinafter referred to as "City Attorney ".
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1 1. EMPLOYMENT. The City hereby engages the Firm and designates Kohn Bennett, Esquire to provide
legal services to the City from December 7th, 2000, until December 6th, 2001, as City Attorney.
2. DEPUTY ATTORNEY. The City Attorney may designate one or more Deputy City Attorneys
1 including, but not limited to Mark McQuagge, to assist in the performance of the duties hereinafter specified.
I 3. PERFORMANCE OF CONTRACT. The City Attorney shall attend all meetings of the City Council;
1 all Code Enforcement Board meetings; all Planning and Zoning Board meetings; all Zoning Board of
Adjustment meetings; and Construction Board of Adjustment meetings; or other City Board meetings as may be
requested by the City Manager; confer with the City Manager and designated staff as needed; draft and review
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all ordinances and resolutions as well as all revisions of ordinances; review all contracts; b e consulted or
apprized as to labor relations and contractual matters arising from same; and consult with respect to all
insurance matters.
Communications between the City and the City Attorney shall be conducted through the City Manager.
City Council members may consult with the City Attorney as needed. Citizens of the City are not authorized to
contact the City Attorney regarding City business at anytime. The City shall be a priority client of the City
Attorney, and the City Attorney shall give City business and problems priority over non -City matters. It is
expressly understood that the City Attorney shall avoid potential conflict of interest situations between the City
and other clients and otherwise comply with the standards set forth for city attorneys in Chapter 112, Florida
Statutes.
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4. COMPENSATION. All services performed by the City Attorney on behalf of the City shall be
, c compensated at an hourly rate as follows:
(a) Litigation activities, which shall be approved of in advance by the City Council, shall be
compensated at an hourly rate of $110.00 per hour; and
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1 (b) All other services performed shall be compensated at $90.00 per hour.
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The City Attorney shall provide detailed billing on the first of each month, and payment shall be
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made within ten (10) days thereafter. The City Attorney and the Firm shall bill only time spent on City
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related matters.
The City may subcontract other specialties of law if the City Council so directs if the Finn does
not specialize in a certain area of law, or if the Firm has a conflict of interest in a particular matter.
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With respect to litigation, once the amount of $2,500.00 in attorney fees has been expended in
any one case, the City Attorney shall consult in closed session, per Florida Statute, with the City Manager
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and City Council as to whether or not the City shall continue litigation or settle the case. Prior to that
time, the City Manager will be apprized of all activity in each particular case, and with the advice and
consent of the City Council. will review all actions to be undertaken by the City Attorney on litigation
cases. The City Attorney will provide the City Council with quarterly written reports regarding the status
of any litigation if the City Attorney is representing the City as attorney of record.
5. BILLING. All detailed billing shall be completed on the first of each month, and the City shall
promptly process each bill within ten (10) calendar days.
6. COSTS. All costs incurred by the City Attorney on behalf of the City, such as filing fees,
deposition fees, long distance telephone charges, and other out -of- pocket expenses shall be the
responsibility of the City.
7. MODIFICATIONS. This Agreement shall be subject to modification at any time upon written
mutual consent of the parties thereto.
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I 8. SEMINARS. The City Attorney agrees to provide, during the term of this Agreement, two (2)
seminars to employees or volunteers of the City at no additional consideration.
9. TERMS OF AGREEMENT. This Agreement is renewable on an annual basis on the anniversary ]
date of this Agreement. The Agreement may be terminated upon thirty (30) days' notice by either party.
10. HOLD HARMLESS CLAUSE. The City, City Attorney, and the Firm each indemnify and hold
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I each other harmless from any and all manner of action and actions, cause and causes of actions, suits,
trespasses, judgments, executions, claims and demands, and losses and damages, costs and expenses of any
kind whatsoever, including reasonable attorneys' fees and court costs which may be claimed by any third
party to have resulted from or arise out of the intentional or negligent acts of the employees, officers or
agents of each other, whether occurring before or after the City, City Attorney, and the Firm assumed the
obligations of this Agreement.
ATTEST: CITY OF CAPE CANAVERAL
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By. V C—-,,
Sandra 0, , ' h, CITY CLERK Rocky Randels, MAYO
AMARI & THERIAC, P.A.
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p t. INK
Kohn Benne' 1• ii' J RNEY
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