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HomeMy WebLinkAboutResolution No. 1995-60• RESOLUTION NO. 95 -60 A RESOLUTION OF 1'HE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE RENEWAL OF THE LEGAL SERVICES 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 EN'r'ECTIVE DATE. 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 & 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 5th day Kohn Bennett, CITY ATTORNEY 'John K. Porter, MAYOR NAME FOR AGAINST BRUNS X NICHOLAS X PETSOS _x_ PORTER X RANDELS X • • LEGAL SERVICES CONTRACT THIS AGREEMENT, dated this 7 - 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 Bennett, Esquire to provide legal services to the City from December 714 , 1994, until December too , 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 specialise 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 2 • 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 3 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: aith G. Miller, .CITY CLERK WITNESSES: aial4 deice .01t_ WITNESSES: • 4 CITY OF CAPE CANAVERAL, FLORIDA Bv: Sohn K. Porter, MAYOR FIRM: AMARI, THERIAC & EISENMENGER, P.A. ATTORNEY: /o.6a KOHN BENNETT, City Attorney