HomeMy WebLinkAboutR-94-27RESOLUTION NO. R-94-27
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE EXISTING
CONTRACTUAL SERVICE AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF SEBASTIAN AND CHARLES IAN NASH~
PROVIDING FOR EXTENSION OF THE CONTRACTUAL SERVICE
AGREEMENT BETWEEN THE CITY AND CHARLES IAN NASH FOR
NINETY DAYS~ PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH~ PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the existing Contractual Service Agreement for
legal services between the City of Sebastian, Indian River
County, Florida, a Florida municipal corporation, and Charles
Ian Nash, of the law firm Frese, Nash and Torpy, P.A., as adopted
by Resolution No. R-89-21, and amended by Resolution No. R-90-12,
R-92-20 and R-93-11, terminates at the first City Council meeting
in May 1994, unless extended by mutual agreement; and
WHEREAS, the City Council and the City Attorney are desirous
of extending the current Contractual Service Agreement for ninety
days.
NOWv THEREFOREv BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. EXTENSION. The City Council of the city of
Sebastian, Florida and Charles Ian Nash hereby agree to extend
the existing Contractual Service Agreement for legal services for
an additional ninety days in accordance with the terms of the
Third Amendment to Contractual Service Agreement as adopted by
Resolution No. R-93-11 on April 28, 1993, a copy of which is
identified as "Exhibit A" and by this reference incorporated
herein.
Section 2. TERMINATION OF CONTRACTUAL SERVICE AGREEMENT.
The Contractual Service Agreement between the City of
Sebastian and Charles Ian Nash will terminate on August 1, 1994,
unless otherwise extended by mutual agreement.
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resolutions in conflict herewith are hereby repealed.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 such 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 its adoption.
The foregoing Resolution was moved for adoption by
Councilmember ~~ . The motion was seconded by
Councilmember ~ and, upon being put into
a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma Damp
Councilmember Robert Freeland
Councilmember Frank Oberbeck
The Mayor thereupon declared this Resolution duly passed and
adopted this //~ day of ~~ , 1994.
! /
CITY OF SEBASTIAN, FLORIDA
Mayor
ATTEST:
Kathr~h Mn O Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Charles Ian Nash~-~ity Attorney
THIRD AMENDMENT TO CONTRACTUAL SERVICE AGREEMENT
This Third Amendment to Contractual Service Agreement is
made and entered into this 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,
at 930 South Harbor City
Florida 32901 (hereinafter
the
the receipt 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
respects, the provis~ons of the original Paragraph 9 shall remain
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 SEBA_~S2IAN .-- __
/~ Franci~'~'~ Oberb~dk, V-ice Mayor
Attest: ,
Ka~h~Yn/~' B'Ha~loran, ~M-C)AAE
City Cl~rk
(Seal)
Witnesses:
"City Att~~
Charles I~n Nash
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 have placed my han~ and official seal,
last aforesaid, this ~g-- day of
and State
~__~.~ , 1993.
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Notary Pu~lid.
S~ate of Florida 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,
ounty and State
, 1993.
I have placed my hand and _o~ial seal,
last afo esaid, this ~ day of
N~taz-y Public )
State of F~orida at Large
My Commission Expires:
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