HomeMy WebLinkAboutResolution No. 1987-46 MICROFILMED JUNE 89
RESOLUTION NO. 87-46
A RESOLUTION AUTHORIZING THE CITY OF CAPE
CANAVERAL, FLORIDA TO ENTER INTO AN AGREEMENT
WITH JAMES S. THERIAC III 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:
SECTION 1. The Mayor and the 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 2. This Resolution shall become effective
immediately upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida this 1st day of Sep-bather , 1987.
MAYOR
ATTEST:
Jef NAME YES NO
Llr.e�,•W_
ty Clerk;: HOOG X
KIDD X
Approti40`as to Form: X
LEE
MARCHETTI X
MURPHY X
City AtLoCITZ
Oft
4100
RESOLUTION NO. 87-46
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LEGAL SERVICES CONTRACT
THIS AGREEMENT dated this lst day of September
1987, by and between the City of Cape Canaveral, Florida, a
Municipal Corporation, hereinafter referred to as "City" and
James S. Theriac III, hereinafter referred to as "Attorney".
1. EMPLOYMENT. The City hereby employs the Attorney to
provide Legal Services to the City from October 1, 1987 until
September 30, 1988.
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 Councils all
Boards 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 monthbeginning October, 1987. This
compensation shall cover attendance at all meetings described
above, discussions with City officials, preparation of
Resolutions and Ordinances and other documents. Any litigation
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(s) shall be provided by the Attorney.
ATIACHM Nr 1O
RESOLUTION NO. 87-46
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M1CRUr 1i.iYScu JAI : 89
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
I/ 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 action,
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.
efr Poy Y ` CITY OF CAPE CANAVERAL,
ATcfT
` - ff BREVARA OUNTY F DA
By:
1 .. '.. � Mayor
1. Ma
r Y
. Y 'p..o o / �*•
O
WITNESS: ATTORNEY:
ATTACHMENT '10
RESOLUTION NO. 87-46
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