HomeMy WebLinkAboutResolution No. 1985-57 MICR OF I M ED AU ?
RESOLUTION NO. 85-57
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO ENTER INTO AN AGREEMENT FOR LEGAL
SERVICES; PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. James S. Theriac III is hereby appointed
as City Attorney.
SECTION 2. J. Daniel Ennis and Sheldon Stevens
are hereby approved to serve as Deputy
City Attorneys.
SECTION 3. The Mayor and City Clerk are hereby authorized to
execute an Agreement with James S. Theriac III for the provision
of legal services to the City of Cape Canaveral, Florida; a copy of
said Agreement is attached hereto and made a part hereof by reference.
SECTION 4 . This Resolution shall become effective immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 15th day of October , 1985.
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Maiyor
ATTEST: ;
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ty Clerk FiSCHETTI X
MARCHETTI X
Approved as to Form:
NICHOLAS X
RUTHERFORD X
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*Amended on 10-15-85
1%1HCRONLMED AUG 87
LEGAL SERVICES CONTRACT
THIS AGREEMENT dated this 15th day of October, 1985, by and
between the City of Cape Canaveral, Florida, a Municipal Corpora-
tion, hereinafter referred to as "City" and James S. Theriac
hereinafter referred to as "Attorney" .
1. EMPLOYMENT, The City hereby employs the Attorney to
provide Legal Services to the City from October 2 , 1985 until
September 30, 1986 .
2. DEPUTY ATTORNEY. The Attorney, upon the approval and
consent of the City Council, may designate one or more Deputy
Attorneys to assist in the performance of the duties hereinafter
specified.
3. PERFORMANCE OF CONTRACT. The Attorney shall attend all
workshop, regular and special meetings of the City Council; all
Board of Adjustment meetings; all Planning and Zoning Board
meetings; all Code Enforcement Board meetings; and other City
Board meetings as may be requested by the City Manager. Except
in emergency situations, all communications between the City
Council and the City Attorney shall be conducted through the City
Manager, City Clerk or their designated representative. 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 Attorney and the Attorney shall give City
business and problems priority over non-city matters. It is
expressly understood that the Attorney shall avoid potential
conflict of interest situations between the City and another
client.
4. COMPENSATION. The City shall pay the Attorney the sum
of $36,000 in monthly installments payable on or before the
fourth ( 4th) day of each month beginning October, 1985 . This
compensation shall cover attendance at all meetings described
above, discussions with City officials, preparation of
Resolutions and Ordinances and other documents. Any litigation
AITACHNIENT TO RESOLUTION NO. 85-57
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MICROFILMED AUG 87
activities shall be compensated at a rate of $75. 00 per hour,
and shall be approved by the City Council . All compensation to
the Deputy Attorney or Attorneys shall be provided by the
Attorney.
5. COSTS. All costs incurred by the Attorney on behalf of
the City, such as filing fees, shall be the responsibility of the
City.
6. MODIFICATION. This agreement shall be subject to
modification at any time upon written mutual consent of the
parties hereto.
7. TERMS OF AGREEMENT. This agreement is renewable on an
annual basis at the beginning of each fiscal year. The agreement
may be terminated upon thirty ( 30 ) days notice by either party.
8. HOLD HARMLESS CLAUSE, The City and Attorney each
indemnify and will hold the other whole and 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 the other, whether occurring before or after City and
Attorney assumed the obligations of this Agreement.
CITY OF CAPE CANAVERAL, BREVARD
ATTEST: COUNTY, FLORIDA
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BY: /1,) -11lec... 4 --it,- - Cj
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Witness: ATTORNEY:
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ATTACHMENT TO RESOLUTION NO. 85-57
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