HomeMy WebLinkAboutResolution No. 1990-50RESOLUTION NO. 90 -50
A RESOLUTION AUTHORIZING THE CITY OF
CAPE CANAVERAL,.YLORIDA 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 DATE.
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 .take effect immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,,
Florida this 4th day of September -1990.
Ma or
LEGAL SERVICES CONTRACT
THIS AGREEMENT dated this 4th day of September
1990, 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 Services to the City from October 1, 1990 until
September 30, 1991.
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
Boards of Adjustment meetings; all Planning and Zoning Board meet-
ings; 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 prior-
ity 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 con-
flict 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, 1990. This
compensation shall cover attendance at all meetings described
above, discussions with City officials, preparation of Resolu-
tions and Ordinances and other documents. Any litigation
Attachment to
Resolution No. 90 -50
Page 1 of 2
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 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 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
assumedq the obligations of this agreement.
94 ATTEST • ; '� ¢ CITY OF CAPE CANAVERAL
_ e B
ty,ClerK.• .r Mayor
eve
•WITNESS: ATTORNEY:
Attachment to
Resolution No. 90 -50
Page 2 of 2