HomeMy WebLinkAboutResolution 1994-65r
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RESOLUTION NO. 94 -65
Ai RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK
TO ENTER INTO A LEGAL SERVICE CONTRACT WITH THE LAW FIRM
OF AMARI, THERIAC & EISENMENGER, 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.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Cape Canaveral, Brevard County, Florida, as follows:
SECTION 1. The Mayor and City Clerk are hereby authorized to
execute the Legal Services Contract with Amari, Theriac &
Eisenmenger, P.A., for the provision of Legal Services to the City
of Cape Canaveral, 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.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 6th day of December , 1994.
ATTEST:
Faith G. Miller, CI a CLERK
Approved as to, Form: "'rs
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Porter;' CITY ATTORNEY
ohn K. Porter, MAYOR
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LEGAL SERVICES CONTRACT
THIS AGREEMENT, dated this 7 4-6 " ti day of December, 1994, by and between the
CITY OF CAPE CANAVERAL, FLORIDA, a municipal corporation, hereinafter referred to
as "City", and the law firm of AMARI, THERIAC & EISENMENGER, P.A. ( "Firm "), by
and through KOHN BENNETT, as a member of the Firm, hereinafter referred to as
"City Attorney ".
1. EMPLOYMENT. The City hereby employs the Firm and designates Kohn
a Bennett, Esquire to provide legal services to the City from December 7 , 1994, until
December 10-6 , 1995, as City Attorney.
2. DEPUTY ATTORNEY. The City Attorney, upon approval and consent of the
City Council, may designate one or more Deputy City Attorneys to assist in the performance
of the duties hereinafter specified.
3. PERFORMANCE OF CONTRACT. The City Attorney shall attend all meetings
of the City Council; 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 all ordinances and resolutions
as well as all revisions of ordinances; review all contracts; be consulted or apprised 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 any time. The City shall be the 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.
4. COMPENSATION. All services performed by the City Attorney on behalf of
the City shall be 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 $90.00 per hour, and
(b) All other services performed shall be compensated at $70.00 per hour.
The City Attorney shall provide detailed billing on the first of each month, and
payment shall be made within ten (10) days thereafter. The City Attorney and the Firm shall
bill only time spent on City related matters and will not bill the City for travel time or simple
local telephone calls (non - research or opinion related calls) to City officials.
The City may subcontract other specialties of law if the City Council so directs
if the Firm does not specialize in a certain area of law, or if the Firm has a conflict of interest
in a particular matter.
With respect to litigation, once the amount of $2,500.00 in attorney fees has been
expended in any one case, the City Attoney shall consult in closed session, per Florida Statute,
with the City Manager and City Council as to whether or not the City shall continue litigation
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or settle the case. Prior to that time, the City Manager will be apprised 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 on the status of all litigation.
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.
8. SEMINARS. The City Attorney agrees to provide, during the term of this
Contract, two (2) seminars to employees 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 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
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and damages, costs and expenses of any kind whatsoever, including reasonable attorney's 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, FLORIDA
aith`: G. Mil ter, .0 TY CLERK John. R. Porter, MAYOR
WITNESSES:
WITNESSES:
84-4-12,
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FIRM:
AMARI, THERIAC & EISENMENGER,
P.A.
ATTORNEY:
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KOHN BENNETT, City Attorney