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HomeMy WebLinkAboutR-92-20 RESOLUTION NO.: R-92-20 A RESOLUTION OF THE CITY OF 8EB&STIANv INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE EMPLOYHENT OF A CITY ATTO]INEY~ PROVIDING AUTHORITY TO ENTER INTO ANA~ENDMENT TO THE EXISTING CONTRACTUAL SERVICE AGREF.~ENT WITH CHARLES lAN 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 lAN NASH~ PROVIDING FOR AN INCREA.gE IN THE HOURLY RATES CHARGED~ PROVIDING FOR REPEAL OF RESOLUTIONS OR PA~T8 0FRESOLUTION8 IN CONFLICT HEREWlTH~ PROVIDING FOR 8EVERABILITY~ 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. 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 Second 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. t~. EXECUTION. The Mayor of the city of Sebastian is hereby directed to excute the Second Amendment to Contractual Service Agreement as agent for the City of Sebastian. sect~oD...3. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. Section~. 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 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. EFFECTIVE D~TE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption by Councilman was as follows: . The motion was seconded by Councilman , and, upon being put to a vote, the vote Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilman Peter R. Holyk ~-.~,f. Councilwoman Carolyn Corum Councilman George G. Reid The Mayor thereupon declared this Resolution duly passed and adopted this day of -~/~t~- , 1992. ~Y:CI~SEBASTIJ~I'J~.~zs~FLORIDA ATTEST: k~6nnie ~ Well, Mayor Kathryn~M. O'Halloran, CMC/AAE City Clerk (Seal) Appro/~as~Form and Content: Charles Ian Nash, City Attorney 2 ~ECOND AM~NDMRNT TO CONTRACTUAL SERVICe,, AGREEMENT ThiS Second Amendment to Contractual Service Agreement is made and entered into this ~~ day of '~~ , 1992, 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 office is located at 930 South Harbor city Boulevard, Suite 505, Melbourne, Florida 32901 (hereinafter referred to as the "City Attorney"). 1. 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, as amended pursuant to the First Amendment to Contractual Service Agreement dated March 7, 1990, both said agreements being between the City of Sebastian and Charles Ian Nash, as follows: 2. Paragraph 9 of the certain Contractual Service Agreement entered into between the City and the city Attorney dated April 26, 1989, and approved by the Resolution of the City Council in Resolution No. R-89-21 adopted by the majority of the City Council on April 26, 1989, as subsequently amended by the certain First Amendment to Contractual Service Agreement dated March 7, 1990, is hereby further amended to extend the termination date of such Contractual Service Agreement until the date of the first City Council meeting in May, 1993, unless otherwise extended by mutual agreement. In all other respects, the provisions of the original Paragraph 9 shall remain in full force and effect. 3. Commencing April 1, 1992, the hourly rate shall be $80.00 per hour for non-litigation matters and $100.00 per hour for litigation matters. 4. In all other respects, the Contractual Service Agreement entered into on the 26th day of April 1989, as amended pursuant to the First Amendment to Contractual Service Agreement dated March 7, 1990, between the City and the City Attorney, is hereby ratified and confirmed. IN WITNESS WHEREOF, the parties to this SecondAmendment to Contractual Service Agreement have set their hands and seals hereto, on the day and year first above written. ,a.t_h~y~.~-M: 'D'Halloran, CMC/AAE ~ Clty Clerk ~//~onni~/R. CI~ll, Mayor 2 STATE OF FLORIDA ) ) ss COUNTY OF INDIAN RIVER ) I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared LONNIE R. POWELL, the Mayor of the City of Sebastian, to me known to be the person described in and who executed the foregoing Second Amendment to Contractual Service Agreement, in his capacity as the Mayor of the City of Sebastian, and he acknowledged before me that he executed the same. He is personally known to me and did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this o/~-~t-~· day of ...~2/.h , 1992. STATE OF FLORIDA ) ) ss COUNTY OF INDIAN RIVER ) Notary Public State of Florida at Large M. on th , ficer I HEREBY CERTIFY that duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared CHARLES IAN NASH, to me personally known to be the person described in and who executed the foregoing Second Amendment to Contractual Service Agreement, and he acknowledged before me that he executed the same. He is personally known to me and did not take an oath. WITNESS.myb~an~ and offic~al~ sea% in the County and State last aforesaid this ~.day of ~/~td~~ , 1992. Notary Public State of Florida at Large My Commission Expires: