HomeMy WebLinkAboutResolution 2004-40 RESOLUTION 2004 -40
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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
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
WHEREAS, the City has been and continues to be satisfied with the services provided by the
Law Firm, City hereby agrees to an increase of compensation for such services as provided herein;
and
WHEREAS, the City Council deems that this Resolution is in the best interests of the public
health, safety, and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE
CITY 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 non - litigation related legal services shall be $130.00
per hour, and not to exceed $55.00 per hour for paralegals of the Law Firm (if any). Law Firm's
billable rate of litigation related legal services shall be $150.00 per hour. All other terms and
conditions provided with the Agreement shall continue in full force and affect.
Section 3. Severability. 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.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.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.
City of Cape Canaveral, Florida
Resolution No. 2004 -40
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Resolved by the City Council of the City of Cape Canaveral, Florida, in a regular
meeting assembled on this , day of n e; , 2004.
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,, - ROCKY RANDEDS, Mayor
ATTEST: r For Against
Bob Hoog X
Jim Morgan X
_ , ,_,,_�_Ji f , Rocky Randels X
SUS TILLS, Cq Clerk Richard Treverton Second
-"--- Steve Miller Motion
Appro 1 as to legal form and sufficiency for
the ' o Cape Canaveral only:
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THONY A. GARGANESE, City Attorney
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City of Cape Canaveral, Florida
Resolution No. 2004 -40
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