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HomeMy WebLinkAboutResolution No. 1984-31A- RESOLUTION NO. 84 -31 A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA TO ENTER INTO AN AGREEMENT WITH JOSEPH W. SCOTT TO PROVIDE LEGAL SERVICE TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: 4.15-85 SECTION 1. The Mayor and the City Clerk are hereby authorized to execute an Agreement with Joseph W. Scott 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 2. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida this 21st day of August , 1984. A'ITI ST: Lj CTIN CITY CLERK Apprc),V'6d�4a,�;7- to .Form: IT;f ATTORNEY NAME YESS NO CALVERT x FISCHETTI I x 1 NICHOLAS ( X1 RUTHERFORD i xI WINCHESTER X LEGAL SERVICES CONTRACT THIS AGREEMENT, dated this 21st ,-day of August, 198.1, by and between the City of Cape Canaveral, Florida, a Municipal Corporation, hereinafter, referred to as "City" and Joseph W. Scott, hereinafter referred to as "Attorney ". 1. EMPLOYMENT. The City hereby employs the Attorney to provide Legal Services to the City from October 1, 1984 until September 30, 1985. 2, PERFORMANCE OF CONTRACT, The Attorney shall attend all regular and special meetings of the City Council, all City Council Workshops, all Board. of Adjustment meetings and other City Board meetings as may be requested by the City Manager. The Attorney shall also respond directly to the city Council '. and to each individual five council members and to the request of the City Manager. 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 all potential conflict of interest situations between the City and another client. 3. COMPENSATION. The City shall pay to the Attorney the sum of $30,000 in monthly installments payable on or before the fourth (4th) day of each month beginning October, 1984. It is expressly understood that the Attorney shall provide all legal services the City shall require for the agreed upon compensation and there shall be no additional billings. 4. .COSTS. All costs incurred by the Attorney on behalf of the City, such as filing fees, shall be the responsiblity of the City.. 5. MODIFICATION. This Agreement, shall be subject to modification at any time upon written mutual consent of the parties hereto. 6.. 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, Attachment to Resolution No. 84 -31 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 occuring before or after City and Attorney assumed the obligations of this Agreement. 7. TOTALITY OF AGREEMENT. 'There are no other agreements, written or oral, between the parties, and there are no conditions precedent to performance, oral or written, agreed to by the parties. City of Cape Canaveral, Attest: Brevard County, Florida ling. City Clerk tlayor V Attorney Witness: Attachment to Resolution No. 84 -31