HomeMy WebLinkAboutResolution No. 1989-44RESOLUTION NO. 89 -44
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;.PRO-
VIDING AN EFFECTIVE DATED.
BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1. The Mayor and the City Clerk are hereby author-
ized 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 immed-
iately upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida this 5th day of September 19 89 .
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LEGAL SERVICES CONTRACT
THIS AGREEMENT dated this 5th day of September ,
1989, by and between the City of Cape Canaveral, Florida, a Munic-
ipal 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 - 'Se ry ices to the City from October. 1 , • 1989 until
September 30, 1990.
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 re-
garding City - business at -any t ime : The City shall be the
pr for ity 'client of the Attorney and the Attorney shall give City
business and problems priority over non -city matters. It is ex-
pressly 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, 19 89 . This
compensation shall cover attendance at all meetings described
above, discussions with City officials, preparation of Reso-
lutions 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.
Attachment to
-1- Resolution No. 89 -44
5. COSTS. All costs incurred by the Attorney on behalf of
the City, such as filing fees, shall be the responsibility of the
C ity. .
6. MODIFICATION. This agreement shall be subject to modifi-
cation 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 indem-
nify 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 inten-
tional 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.
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MATTE ST : •'•• `°� �' CITY OF CAPE CANAVERAL
a' By.
1 C"' 'y Clerk Mayor
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VFhTNES'S :
ATTORNEY:
Attachment.!.to
12- Resolution No. 89 -44