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Home My WebLink AboutR-94-41 RESOLUTION NO. R-94-41 A RESOLUTION OF THE CITY OF SEBASTIANv INDIAN RIVER COUNTYv FLORIDA~ PERTAINING TO THE EMPLOYMENT OF A CITY ATTORNEY; AUTHORIZING THE MAYOR~ ON BEHALF OF THE CITY COUNCIL, TO ENTER INTO A LEGAL SERVICES AGREEMENT WITH CLIFTON A. MCCLELLAND~ JR.~ OF POTTERy MCCLELLAND~ MARKS & HEALY, P.A., FOR THE 'PURPOSE OF 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, Section 3.09 of the Charter of the City of Sebastian requires that there shall be a City Attorney of the City, appointed by the City Council, who shall serve as chief legal advisor to the City Council, the City Manager, and all city Departments; and WHEREAS, the City Attorney or members of his law firm shall represent the City in all legal proceedings and shall perform any other duties prescribed by the Charter or the Code of Ordinances of the City; and WHEREAS, the city Council desires to retain the services of Clifton A. McClelland, Jr., of Potter, McClelland, Marks & Healy, P.A. as its city Attorney. 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 a Legal Services Agreement with Potter, McClelland, Marks & Healy, P.A., 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 authorized to execute the Legal Services 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 Ail resolutions or parts of resolutions in conflict herewith are hereby repealed.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 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 follows The motion was seconded by Councilmember and, upon being put into a vote, the vote was as Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland Councilmember Francis J. Oberbeck 2 The Mayor thereupon declared this Resolution duly passed and adopted this /~J~,.day of ~~k , 1994. CITY OF SEBASTIAN, FLORIDA Arthur L. Fir~tion Mayor Kathry~ M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to Form and Content: Clifton A. McClelland, Jr. city Attorney 3 LEGAL SERVICES. AGR~~ It is mutually agreed between POTTER, McCLELLAND, MARKS & HEALY, P.A., hereinafter referred to as "Attorneys", and the CITY OF SEBASTIAN, hereinafter referred to as "City", as follows-. 1. The Attorneys are hereby appointed and retained in the position Q~ City Attorneys to perform the following professionq~l services: (a) Attend all regularly scheduled meetings of the City Council and such other meetings as designated by the Council or City Manager. (b) Defend the City, its Council and members as directed by the Council in all legal causes. (c) Prosecute such legal causes as directed by the Council. (d) Draft such resolutions, ordinances, regulations, agreements, laws and other legal documents as required by the Council or City Manager. (e) Render such legal opinions, advice and legal counseling as requested by the Council or City Manager and through the office of the City Manager, to any City Department Heads. (f) File proceedings to validate obligations, certificates or bonds to be issued by the Council. (g) Prepare necessary legal documents and close all real estate transactions entered into by the City. (h) Such other legal services as requested by the Council or City Manager, including review of legislative changes. necessary to .Agreement. 3. The 2. The Attorneys are authorized and mandated to provide all legal services tot he City unless city Council directs otherwise or other legal counsel are employed to provide such services. It is mutually agreed between%he parties that CLIFTON A. McCLELIA~D, JR. shall have the primary responsibility for serving as counsel to the City and ~e may appoint such attorneys from the firm as he de~ms render the legal services provided under this city hereby agrees to pay the Attorneys as compensation for services the following: (a) The sum of $125.00 per hour for telephone conferences for partners and $100 per hour for telephone conferences for associates. The sum of $130.00 per hour for partners and $100.00 per hour for associates for general legal representation and attendance at city Council meetings. The sum of $150.00 per hour for partners and $125.00 per hour for associates for litigation consisting of research, drafting of pleadings and briefs, preparation of litigation, attendance at depositions and hearings and conduct of trials and preparation of appeals, briefs and conduct of appellate oral arguments. The sum of $75.00 per hour shall be charged for the services of legal assistants. (b) For the closing of real estate acquisitions, a fee for the preparation of legal documents, examination of title and closing Council. (c) A of transactions shall be negotiated wi~h the fee for ~he preparation and validation of obligations, certificates andbonds issued by t~he City at an amount to be negotiated with the Council for each project if the Council elects to issue bonds on a project. 4. The City hereby agrees to pay the Attorneys the following reimbursements: (a) All costs incurred in the defense or prosecution of legal causes including but not limited to the cost of service of process and subpoenas, depositions, witness fees and expe~t fees. (b) The cost of long distance telephone calls. (c) Travel and per diem expenses as provided under Florida Statutes, Section 112.061, provided the Attorneys shall not charge either for the time or any travel costs to regularly scheduled meetings of the City council. Ail other travel time which is required to perform duties under this Contract shall be billed at the normal hourly rates. (d) The cost of photocopies at the rate of 10 cents per page. (e) The cost of certifications and outside copies. All such costs shall be paid by the Attorneys and submitted to the City at the end of each month for reimbursement. 5. The Attorneys hereby agree to supply and furnish all office space, supplies, copying machines, furniture, word processing equipment, filing cabinets, and personnel as may be necessary to perform =he legal services provided under =his Agreement. 6. The a==o~neys shall serve at =he pleasure of =he Council. This Agreemen~ may be terminated bY eider pa~y on ~i~y (30) days no, ice. 7. The A~o~eys shall bill on a ~onthly basis and i=~ize bills in accordance wi~ ~e Co~cil ~s policies and procedures. IN WI~SS ~OF, ~e pa~ies hereto have placed ~eir respective hanQs and seals ~is ~ay of ~ , 1994. CLIFTON A. McCLELIAND, JR. CITY OF BEBABTIAN Arthur L. Firtion Mayor Kathr~ M. 6%Halloran City Clerk