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HomeMy WebLinkAboutR-88-40RESOLUTION NO. R-88-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, APPOINTING CHARLES I. NASH AS CITY ATTORNEY FOR THE CITY, AND DIRECTING MAYOR VOTAPKA AND KATHRYN O'HALLORAN TO EXECUTE THE ATTACHED CONTRACT ON BEHALF OF THE CITY; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: Section OneL That Charles I. Nash be appointed as the City Attorney for the City of Sebastian, Florida, according to the terms of the contract attached hereto and made a part hereof. ~ TWO. That Paul J. Kreuzkamp, Jr. be appointed as Deputy City Attorney for the City of Sebastian, under the same terms as the above mentioned contract and as directed by the City. Section ~ That the Mayor and the City Clerk are hereby authorized and directed to execute the attached contract on behalf of the City. Section Four. That this Resolution shall be effective upon final pasage. CITY OF SEBASTIAN, FLORIDA Richard B. Votapka, Mayor ATTE S T: Kathryn~M~ ~O'H~'llo~, CMC/AAE City Cl~rk Motioned by: ~__~ Seconded by: Vice Mayor Vallone Councilman Roth Councilman McCarthy Councilman Metcalf Mayor Votapka Robert S. McClary ...... City Manager CONTRACTURAL ~ ~ENT This Service Contract is made and entered into this 20th day of May, 1988, between the City of Sebastian, Florida, a municipal corporation, 1225 Main Street, Sebastian, Florida, 32958, hereinreferred to as the "City" and Charles I. Nash, of Melbourne, Florida, hereinafter referred to as the "City Attorney ·" 1. The City agrees to engage the City Attorney pursuant to this Contract to perform as legal counsel for the City and to provide the following services: a. Serve as legal advisor to the City Council, the City Manager, and through the Office of the City Manager, advise all Department Heads, City Officers, and City Boards, including the Planning and Zoning Commission, the Board of Adjustments, the Airport Advisory Board, the Construction Review Board, and the Code Enforcement Board. b. Render written and oral legal opinions requested by the City Council or City Manager on matters relating to City business. c. Prepare, or review and approve as to form and legal sufficiency, all City ordinances, resolutions, deeds, contracts, and other formal documents. d. Attend regular and special City Council meetings, and City Council workshops, unless excused. e. Prepare the City Budget related to the function of the City Attorney. f. Prosecute eminent domain and forfeiture proceedings on behalf of the City. g. Perform such other related duties and functions as may be assigned by the City Council or Ordinance or State Law. 2. In consideration for the services described in paragraph 1, above, the City agrees to pay to the said City Attorney the hourly fee of $60.00, which sum covers all professional fees in connection with paragraphs (1) a,b,c,d,e,f and g. 1 3. In addition to the services described in paragraph 1, above, the City Attorney may be called upon by the City Council to file and prosecute other civil suits or the defense of other suits or administrative actions and shall be paid additional legal fees at the rate of $75.00 per hour. 4. In addition to the above, the City will reimburse the City Attorney for actual and necessary out of pocket expenses such as long distance phone calls and postage but shall not reimburse the City Attorney for normal operating expenses such as photo copying or other fixed expenses. 5. Payment of all fees and expenses, if any, shall be based on monthly written itemized statements subject to approval of the City Manager in the same manner the City pays regular bills. 6. It is understood that, by this agreement, the City Attorney is an independent contractor and is no~ to be provided with any fringe benefits of employment with the City such as medical insurance, life insurance, holiday pay, sick leave, or other such benefits, nor shall the City Attorney be a participant in the employee pension plan. 7. The City Attorney shall maintain or within four months from the date of appointment establish an office within the Sebastian city limits OR the City Attorney shall not be compensated for travel time or expenses from his office to the city and vice versa. It is the intent of this section that the City Attorney not receive compensation for travel time in any event. 8. The City Attorney agrees to limit his outside practice so that he does not hold any public office such as City Attorney for any other city, or Attorney for any County or State agency and to decline such a position that would be the substantial equivalent in any other community or agency or conflict with the duties of the City Attorney, without the express prior written consent of the City Council on a case by case basis. 9. It is expressly understood that the City Attorney provides these services at the pleasure of the City Council and that this contract may be terminated without any cause whatsoever by the City Council without severance pay or other obligation on the part of the City except to give the City Attorney at least sixty (60) days notice of its intent to terminate this contract. This contract shall terminate on the date of the first City Council meeting in April 1990 unless otherwise extended by mutual ag r eemen t. 10. The City Attorney's compensation may be increased during the budget review process upon recommendation by the City Manager and approval of the City Council. 11. Except in emergency situations, all communications between the City Council and the City Attorney shall be conducted through the Mayor, City Manager or his designated representative. Citizens of the city are not authorized to contact the City Attorney regarding city business at any time. This section shall not prohibit any member of the City Council from contacting the City Attorney for oral opinion or advice. by: AS~IAN , FLORIDA Richard B. Votapka, Mayor ATTEST: Kathr~ M. O'Halloran, CMC/AAE STATE OF FLORIDA COUNTY OF INDIAN RIVER Charles I. Nash, City Attorney I HEREBY CERTIFY that before me personally appeared to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this -~ ~ A.D., 19 ~'~' . My commission expires day of Notary Publ ~c State of Florida Notary Public, State of Nor;da My Commission Expires Aug. Bonded Thru Troy Fain - Jn.~uran~A 3