HomeMy WebLinkAboutResolution No. 2013-26 I
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i RESOLUTION 2013-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, RELATING TO ITS
CONTINUING AGREEMENT FOR LEGAL SERVICES; PROVIDING FOR
l REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City entered into an Agreement for Legal Services (hereinafter
"Agreement") on or about March 18, 2003, with predecessor of Brown, Garganese, Weiss &
D'Agresta, P.A. (hereinafter "Law Firm") for the provision of continuing legal services, and the rates
were last amended approximately ten years ago by City Resolution 2004-40; and
WHEREAS, the City has been and continues to be satisfied with the services provided by the
Law Finn, City hereby agrees to an increase of compensation for such services as provided herein;
and
IWHEREAS, the City Council deems that this Resolution is in the best interests of the public
1 health, safety, and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE
ICITY OF CAPE CANAVERAL, BREVARD COUNTY,FLORIDA, THAT:
Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct
and hereby fully incorporated herein by reference.
Section 2. Amendment of Compensation — Fees and Expenses. The Agreement is
amended such that Law Firm's billable rate for attorney legal services shall be $160.00 per hour, and
not to exceed $85.00 per hour for paralegals of the Law Finn(if any) for time billed within City fiscal
year 2013/2014. Commencing at the beginning of City fiscal year 2014/2015, the attorney rate shall
be $175.00 per hour and not to exceed $85.00 per hour for paralegals. At the commencement date of
each subsequent City fiscal year, the rates shall be adjusted for inflation. Said inflation adjustment
will be based on the most current Consumer Price Index for the Southeast Region. All other terms
and conditions provided with the Agreement shall continue in full force and affect.
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Section 3. Severabilit_y. If any section, subsection, sentence, clause, phrase, word, or
portion of this resolution is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate,
distinct, and independent provision, and such holding shall not affect the validity of the remaining
portions of this Resolution.
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Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of i
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 5 Effective Date. This Resolution shall become effective immediately upon its
adoption by the City Council of the City of Cape Canaveral, Florida.
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1 City of Cape Canaveral, Florida
Resolution No.2013-26
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Resolved by the City Council of the City of Cape Canaveral, Florida, in a regular
meeting assembled on this,l7th day of December,2011- /
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. BUZZ PETSOS,Mayor Pro Tem
ATTEST"
s �.`-s �' Name For Against
Ange/a Apperson, MMC, City Clerk John Bond Second
Robert Hoog X
Buzz Petsos X
1 Rocky Randels Absent
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1 Betty Walsh Motion
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I Approved as to legal form and sufficiency
for ti I ity of Cape Canaveral only by:
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Anthony A. Garganese, City Attorney
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City of Cape Canaveral, Florida
Resolution No.2013-26
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