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HomeMy WebLinkAboutResolution No. 1991-21RESOLUTION NO. 91 -21 A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA TO ENTER INTO AN AGREEMENT WITH AMARI, THERIAC, ROBERTS, EISENMENGER & WOODMAN, P.A., BY AND THROUGH JAMES L. WOODMAN AS PARTNER, 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, Brevard County, Florida, as follows: SECTION 1. The Mayor and the City Clerk are hereby authorized to execute an Agreement with Amari, Theriac, Roberts, Eisenmenger & Woodman, P.A., by and through James L. Woodman as partner, for the' provision of Legal Services to the City of Cape Canaveral, Florida; a copy of said Agreement is attached hereto and made 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 7th day of May , 1991. ATTEST: ty "La, y 4, L).�rP . App ov` 'd> a`_s�to= "Form LIU Ci 'i>Pf�tto.rne. � v' swl ••: cape \misc \m.007 Cm 0 o NAME YES NO KEDZIERSKI X PORTER X RANDELS X SALAMONE X Ix THURM I LEGAL SERVICES CONTRACT THIS AGREEMENT dated this 7th day of May, 1991, by and between the City of Cape Canaveral, Florida, a Municipal Corporation, hereinafter referred to as "City" and the law firm of Amari, Theriac, Roberts, Eisenmenger & Woodman, P.A., by and through James L. Woodman as partner, hereinafter referred to as "Attorney ". 1. EMPLOYMENT. The City hereby employs James L. Woodman, Esquire to provide Legal Services to the City from June 1, 1991 until September 30, 1991. 2. PERFORMANCE OF CONTRACT. James L. Woodman shall attend, on an annual basis, all regular meetings of the City Council; all special meetings; all Code Enforcement Board meetings; twelve (12) Planning and Zoning Board meetings; all Board of Adjustments meetings and Construction Board of Adjustment meetings; other City Board meetings as may be requested by the City Manager, for example additional Planning and Zoning Board meetings and /or workshops; pre - council sessions with the Mayor; research agenda items; meet with the City Manager at least twice a month to discuss regular business as well as litigation; draft and review all ordinances as well as all revisions of ordinances; review all contracts; be consulted or apprised as to labor relations and contractual matters arising from same; consult with respect to all insurance matters including but not limited to workers' Attachment to Resolution No. 91 -21 Page 1 of 4 compensation, and settlement of same as requested and directed by the City Manager. Communications between the City and the City Attorney shall be conducted through the City Manager. City Council Members may consult with the City Attorney as needed. Citizens of the City are not authorized to contact the Attorney regarding City business at any time. The City shall be the priorty client of the Attorney, and the Attorney shall give City business and problems priorty over non -City matters. It is expressly understood that the Attorney shall avoid potential conflict of interest situations between the City and other clients. 3. COMPENSATION. The City shall pay the Attorney the sum of $26,400.00, on an annual basis, in monthly installments payable on or before the fourth (4th) day of each month beginning upon commencement of this contract. 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. Attendance at City Board meetings requested by the City Manager, renderings of any other opinions will also be on the same hourly basis at $75.00 per hour. The City may subcontract other specialities of law if the City Council so directs, such as, but not limited to, the area of labor law. Attachment to Resolution No. 91 -21 Page 2 of 4 ,, With respect to litigation, once the amount of $2,500 in attorney fees has been expended in any one case, the Attorney shall consult with the Mayor, City Manager and Council as to further steps which must be taken to either continue litigation or settle the case. Prior to that time, the City Manager will be apprisgd of all activity in each particular case and will have final approval, with the advice and consent of the City Council, over all action to be undertaken by the City Attorney on litigation cases. 5. COUNCIL MEETINGS. The City Clerk shall prepare and forward to the Attorney prior to the Council meetings an agenda as soon as possible prior to each meeting. 6. BILLING. All billing shall be completed on the first (1st) and fifteenth (15th) of each month, and the City shall promptly process each bill within seven calendar days. 7. COSTS. All costs incurred by the Attorney on behalf of the City, such as filing fees, deposition fees, shall be the responsibility of the City. 8. MODIFICATIONS. This agreement shall be subject to modification at any time upon written mutual consent of the parties thereto. 9. 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. 10. HOLD HARMLESS CLAUSE. The City and Attorney each indemnify and will hold the other whole and harmless from any and Attachment to Resolution No. 91 -21 Page 3 of 4 • . . 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 Att6r,n`e 4ass`" e'd§Ithe obligations of this agreement. +S +qe A ATTEST �.:, , CITY OF CAPE CANAVERAL a � BY fty�Clerk•'' "' 4 Mayor WITNESS: A J T cape \misc \contract br L. Woodman.for Amari, iac, Roberts, Eisenmenger odman, P.A. Attachment to Resolution No. 91 -21 Page 4 of 4