HomeMy WebLinkAboutResolution No. 1991-36RESOLUTION NO. 91 -36
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:
SE�:TION 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 17th day of September , 1991.
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LEGAL SERVICES CONTRACT
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THIS AGREEMENT dated this 17th day of September , 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 October 1, 1991
until September 30, 1992.
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 -36
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 -36
Page 2 of 4
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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 apprised 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 -36
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
3,Attiney,a ^�sumed the obligations of this agreement.
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ATTEIT'�,� o d CITY OF CAPE CANAVERAL
By*
C.. Y Cl,erk CO. Mayor
WITNESS:
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ATTQIMMY :
J K,a"'L.- VA06dman for Amari,
T riac, Roberts, Eisenmenger
& Woodman, P.A.
Attachment to
Resolution No. 91 -36
Page 4 of 4