HomeMy WebLinkAboutR-90-12RESOLUTION NO.: R-90- ~
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE EMPLOYMENT OF A CITY
ATTORNEY; PROVIDING AUTHORITY TO ENTER INTO AN
AMENDMENT TO THE EXISTING CONTRACTUAL SERVICE AGREEMENT
WITH CHA~T~S IAN NASH FOR THE PURPOSES OF PROVIDING
LEGAL REPRESENTATION TO THE CITY; PROVIDING FOR THE
EXTENSION OF THE EXISTING CONTRACTUAL SERVICE AGREEMENT
BETWEEN THE CITY AND CHARLES IAN NASH; PROVIDING FOR
CHARLES IAN NASH TO UTILIZE THE SERVICES OF OTHER
PROFESSIONAL STAFF MEMBERS OF HIS LAW FIRM IN PROVIDING
LEGAL REPRESENTATION TO THE CITY; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Council and the current City Attorney are
desirous of amending their current Contractual Service Agreement
to provide for an extension thereof and to provide for the City
Attorney to use other professional members of his law firm to
provide legal services to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, that:
Section 1. AGREEMENT. The City Council of the City of
Sebastian, Indian River County, Florida, hereby agrees to enter
into the First Amendment to Contractual Service Agreement with
Charles Ian Nash, a copy of which is identified as Exhibit "A" to
this Resolution and by this reference incorporated herein.
Section 2. EXECUTION. The Mayor of the City of
Sebastian is hereby directed to execute the First Amendment to
Contractual Service Agreement as agent for the City of Sebastian.
Section 3. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 4. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed
that the City Council of the city of Sebastian did not intend to
enact such invalid or unconstitutional provision. It shall
further be assumed that the City Council would have enacted the
remainder of this Resolution without said invalid and
unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
Section 5. EFFECTIVE DATE. This Resolution shall take
effect immediately upon final passage.
The foregoing Resolution was moved for adoption by
Councilman ~~L . The motion was seconded
by Councilman 't~ '~.~X/~1~ and, upon being put to a
%
vote, the vote was as follows:
Mayor Richard B. Votapka
Vice-Mayor Robert McCarthy
Councilman Robert L. McCollum
Councilman Frank Oberbeck
Councilman Lloyd Rondeau
The Mayor thereupon declared this Resolution duly passed and
adopted this ~ day of ~//~..L , 1990.
!
CITY OF SEBASTIAN, FLORIDA
Richard B. Votapka, Mayor
_ R~thry~ M. 0,H~llo'ran, cMC/AAE
City Clerk
(Seal)
Appr~~Form and Content:
C~s Ian Nash, City Attorney
FI,t{ST A~E-ND~NT TO CONTRACTUAL SERVICE AGREEHE~
This First Amendment to Contractual Service Agreement
is made and entered into this ~ day of ~J~. ,
1990, between the City of Sebastian, Florida, a Florida municipal
corporation, whose principal office is located at 1225 Main
Street, Sebastian, Florida, 32958 (hereinafter referred to as the
"City"), and Charles Ian Nash, of the law firm of Frese, Fallace,
Nash & Torpy, P.A., whose principal offices located at 930 South
Harbor city Boulevard, Suite 505, Melbourne, Florida, 32901
(hereinafter referred to as the "city Attorney").
In consideration of the covenants hereinafter provided,
the receipt and sufficiency of which are hereby acknowledged, the
City and the city Attorney hereby agree to amend the certain
Contractual Service Agreement entered into on the 26th day of
April, 1989, between the City of Sebastian and Charles Ian Nash
as follows:
1. Paragraph 9 of the certain Contractual Service
Agreement entered into between the City of Sebastian and Charles
Ian Nash, dated April 26, 1989, and approved by the Resolution of
the city Council in Resolution R-89-21 adopted by the majority of
the City Council on April 26, 1989, is hereby amended to extend
the termination date of such Contractual Service Agreement until
the date of the first city Council meeting in May, 1992, unless
otherwise extended by mutual agreement. In all other respects,
the provisions of the original Paragraph 9 shall remain in full
force and effect.
2. The City Attorney shall be authorized to utilize
other professional employees of the law firm in which he is
associated to perform services on behalf of the City, from time
to time, as the City Attorney deems advisable.
3. In all other respects, the Contractual Service
Agreement entered into on the 26th day of April, 1989, between
the city of Sebastian and Charles Ian Nash is hereby ratified and
confirmed.
IN WITNESS WHEREOF, the parties to this First Amendment
to Contractual Service Agreement have set their hands and seals
hereto, on the day and year first above written.
AtteS't:
Kathr~ M,' O'Halloran, CMC/AAE
City Clerk
(Seal)
"City"
CITY OF SEBASTIAN
Richard B. Votapka, Mayor
"City~~n~f_.
Charles Ian Nash
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STATE OF FLORIDA )
) ss
COUNTY OF INDIAN RIVER )
Before me, the undersigned authority, personally came
and appeared RICHARD B. VOTAPKA, the Mayor of the city of
Sebastian, who, upon being duly sworn, acknowledged that he
executed the foregoing First Amendment to Contractual Service
Agreement, in his capacity as the Mayor of the city of Sebastian,
for the purposes as therein expressed.
In witness whereof, I have placed my hand and gfficial
seal, in the .County and State last aforesaid, this ~ day
Notary Pubic / ~'-
State of Florida at Large
My Commission Expires:
STATE OF FLORIDA f~ )
)
co= >
ss
Before me, the undersigned authority, personally came
and appeared CHARLES IAN NASH who, upon being duly sworn,
acknowledged that he executed the foregoing First Amendment to
Contractual Service Agreement for the purposes as therein
expressed.
In witness whereof, I have placed my hand and official
seal, ~~~unty and State last aforesaid, this ~ day
of , 1990.
Notary Pubic , v~ _ .
State of F~orida at arge "
My Commission Expires:
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