HomeMy WebLinkAboutResolution No. 1985-38 failed i
RESOLUTION NO. 85-38
A RESOLUTION AUTHORIZING THE CITY OF CAPE
CANAVERAL, FLORIDA TO ENTER INTO AN AGREEMENT
WITH JOSEPH W. SCOTT 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 Joseph W. Scott 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. day of , 1985 .
MAYOR
ATTEST:
CITY CLERK
Approved as to Form:
CITY ATTORNEY
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(Rd° - °L)
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NAME YES NO
MARv ;ETT! a
NICHOLAS
RUTHERFORD' .
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.PP Ns CH ESTER f
LEGAL SERVICES CONTRACT
THIS AGREEMENT dated this day of
1985, by and between the City of Cape Canaveral, Florida, a
Municipal Corporation, hereinafter referred to as "City" and
Joseph W. Scott, hereinafter referred to as "Attorney" .
1. EMPLOYMENT. The City hereby employs the Attorney
to provide Legal Services to the City from October 1, 1985
until September 30, 1986 .
2 . PERFORMANCE OF. CONTRACT. The Attorney shall attend
all regular and special meetings of the City Council, all City
Council Workshops, all Board of Adjustment meetings and other
City Board meetings as may be requested by the City Manager .
The Attorney shall also respond directly to the City Council
and to each individual five council members and to the request
of the City Manager. 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 all potential conflict
of interest situations between the City and another client.
3 . COMPENSATION. The City shall pay to the Attorney the
sum of $30, 000 in monthly installments payable on or before the
fourth (4th) day of each month beginning October, 1985 . It is
expressly understood that the Attorney shall provide all legal
services the City shall require for the agreed upon compensation
and there shall be no additional billings .
4 . COSTS. All costs incurred by the Attorney on behalf of
the City, such as filing fees, shall be the responsibility of
the City.
5 . MODIFICATION. This Agreement shall be subject to
modification at any time upon written mutual consent of the
parties hereto.
6 . 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
ATTACHMENT TO
RESOLUTION NO. 85-38
IIS
actions, 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 occuring before or after City and Attorney
assumed the obligations of this Agreement.
7 . TOTALITY OF AGREEMENT. There are no other agreements,
written or oral, between the parties, and there are no
conditions precedent to performance, oral or written, agreed
to by the parties .
City of Cape Canaveral,
Attest: Brevard County, Florida
City Clerk Mayor
Attorney
Witness :
ATTACHMENT TO
RESOLUTION NO. 85-38