HomeMy WebLinkAboutR-93-11 RESOLUTION NO.: R-93-1!
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
C~UITY, FLORIDA, PERTAINING TO THE EMPLOYMENT OF A CITY
ATTORNEY; PROVIDING AUTHORITY TO ENTER INTO ANAMENDMENT
TO THE EXISTING CONTRACTUAL SERVICE AGREEMENT WITH
CNARLES IAN NASH FOR THE PURPOSES OF PROVIDING LEGAL
MP~ESENTATION TO THE CITY; PROVIDING FOR THE EXTENSION
OF THE EXISTING CONTRACTUAL SERVICE AGREEMENT BETWEEN THE
CITY AND CHARLES IAN NASH; PROVIDING FOR REPEAL OF
MSOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
P~OVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
~EREAS, the City Council and the current City Attorney are
desirous of amending their current Contractual Service Agreement to
provide for an extension thereof.
· ~W, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF BS~ASTIAN, 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 Third 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 excute the Third 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resolutions in conflict herewith are hereby repealed.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 3. 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 4.
EFFECTIVE DATE. This Resolution shall take
effect immediately upon final passage.
The foregoing Resolution was moved for adoption by Councilman
~~ The motion was seconded by Councilman
:~6~ , and, upon being put to a vote, the vote
was as follows:
Mayor Lonnie R. Powell 6Z~
Vice-Mayor Frank Oberbeck d~4R
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
The Mayor thereupon declared this Resolution duly passed and
adopted thi~~day of ~. , 1993.
CITY OF SEBASTIAN, FLORIDA
ATTEST: ///~ranci~J~0b?rDeck, Vice Mayor
Kathryn~. O~Hall~ran~ cMc/~E
City Clerk
(Seal)
Approved as t/m and Content:
c~ar'~'~'~ i an/Nas~, ~A~0~e~
THIRD AMENDMENT TO CONtRACtUAL SERVICE AGREEMENT
This Third Amendment to Contractual Service Agreement is
made and entered into this c~ day of ~~ , 1993,
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, Nash & Torpy, P.A.,
whose principal office is located
Boulevard, Suite 505, Melbourne,
referred to as the "City Attorney").
1. In consideration of
provided, the receipt
at 930 South Harbor City
Florida 32901 (hereinafter
the
and sufficiency
covenants hereinafter
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, and as amended
pursuant to the Second Amendment to Contractual Service Agreement
dated March 25, 1992, all said agreements being between the City of
Sebastian and Charles Ian Nash, as follows:
"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, and as amended by the certain Second Amendment to Contractual
Service Agreement dated March 25, 1992, 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,
1994, unless otherwise extended by mutual agreement. In all other
res'pects, the provisions of th~ original Paragraph 9 shall rem&in -
in full force and effect."
2. The hourly rate shall continue to be $80.00 per hour
for non-litigation matters and $100.00 per hour for litigation
matters.
3. 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, and as amended pursuant to the Second
Amendment to Contractual Service Agreement dated March 25, 1992,
between the City and the City Attorney, is hereby ratified and
confirmed.
IN WITNESS WHEREOF, the parties to this Third Amendment
to Contractual Service Agreement have set their hands and seals
hereto, on the day and year first above written.
"City"
CITY OF SEBASTIAN
~-~ /~ Franci~ Oberb~Ck, Vice Mayor
Attest: /~ / J ~ (
ka{h~Yn~. O'Ha~loran, CMC/~E
City Clerk
(Seal)
Witnesses:
2
STATE OF FLORIDA )
) ss
COUNTY OF INDIAN RIVER )
Before me, the undersigned authority, personally came and
appeared FRANCIS J. OBERBECK, the Vice Mayor of the City of
Sebastian, who, upon being duly sworn, acknowledged that he
executed the foregoing Third Amendment to Contractual Service
Agreement, in his capacity as the Mayor of the City of Sebastian,
for the Purposes as therein expressed. He is personally known to
me and took an oath.
In witness whereof, I
County and State
, 1993.
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
have placed my hand. and official seal,
last aforesaid, this ~g~ day of
Notary Pd~lid
St/ate of ~lorida at Large
ss
Before me, the undersigned authority, personally came and
appeared CHARLES IAN NASH who, upon being duly sworn,
acknowledged that he executed the foregoing Third Amendment to
Contractual Service Agreement for the purposes as therein
expressed. He is personally known to me and took an oath.
In witness whereof, I have placed ~y hand. and o~ial seal,
and State l~i~
~.~t~ .~ounty day of
~c~.,~-~ , 1993.
N~t ry"~ub~ic ) ~
State of F~orida at Large
My Commission Expires:
3