HomeMy WebLinkAboutR-95-21RESOLUTION NO. R-gS-21
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE EMPLOYMENT OF A
LABOR ATTORNEY; AUTHORIZING THE CITY MANAGER, ON
BEHALF OF THE CITY COUNCIL, TO ENTER IIrTO A LEGAL
SERVICES AGREEMENT #ITH DAVID KORHREICH, OF MIJLLER,
MINTZ, KORHREICH, CALl)bET-T-, CASEY, CROSLAND & BRAMNICK,
P.A., FOR THE PURPOSE OF PROVIDING EMPLOYMENT ABD LABOR
LAN COUNSEL TO THE CITY; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT RERE~ITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Sebastian needs an Attorney to provide
legal counsel on employment and labor law matters; and
WHEREAS, the City Manager desires to retain the services of
David Kornreich, of Muller, Mintz, Kornreich, Caldwell, Casey,
Crosland & Bramnick, P.A., as the Attorney for the City in
employment and labor law areas.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Sebastian, Indian River County, Florida, as follows:
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 Muller, Mintz, Kornreich,
Caldwell, Casey, Crosland & Bramnick, P.A., identified as Exhibit
"A" to this Resolution, and by this reference incorporated herein.
SECTION 2. EXECUTION. The City Manager of the City of
Sebastian is hereby authorized to execute the Legal Services
Agreement as agent for the City of sebastian.
SECTION 3. CONFLICT. All 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in conflict herewith are hereby repealed.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. This Resolution shall take effect April 1, 1995.
The foregoing Resolution was moved for adoption by
Councilmember /~/IA~ The motion
was seconded by Councilmember C~'~~'-' 4
and, upon being put to a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Louise Cartwright
Councilmember Norma Damp
Councilmember Raymond J. Halloran
The Mayor thereupon declared th~s~ution duly passed and
adopted this ,,J~-~' day o~/_~d~.,.,~_/ , 1995.
-/
C I TY O~~.AST,,l. ~, I~LORI DA
Arthur L. Firtion, Mayor
Kathryn~. O'H~lloran, ~C/~E
Approved as to Form and Content:
Clifton McClelland, City Attorney
LEGAL SERVICES AGREEMENT
It is mutually agreed between Muller, Mintz, Kornreich,
Caldwell, Casey, Crosland & Bramnick, 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
capacity of Labor and Employment Attorneys to perform the following
professional services:
a. To provide labor and employment advice to the City as
needed.
b. To provide advice on contract negotiations and related
services.
c. To represent the City in legal and/or administrative
actions related to labor relations and collective bargaining.
d. To represent the city in formal administrative hearings or
informal proceedings.
e. To provide legal advice concerning contract
interpretation.
f. To insure due process requirements for employee discipline
and dismissals are met.
g. To update the City on any employment and labor law issues.
h. To represent the City in arbitration hearings and prepare
pre/post hearing briefs and motions, if any.
2. The Attorneys are authorized to provide all employment and
labor law counsel as requested. It is mutually agreed between the
City and the Attorneys, that David Kornreich shall have the primary
responsibility for serving as counsel to the City and he may
appoint such attorneys from the firm as he deems necessary to
render the legal services provided under this Agreement.
3. The City hereby agrees to pay the Attorneys as compensation for
services, the following:
$115 per hour for attorney services ($125 per hour as of
10/01/96)
$ 40 per hour for paralegal work
Reimbursement for cost of photocopies and long-distance
telephone calls, etc.
Travel time shall be billed at 1/2 the normal hourly
rate.
4. The Attorneys hereby agree to supply and furnish all office
space, supplies, copying machines, furniture, word processing
e~ipment, filing cabinets, and personnel as may be necessary to
perform the legal services provided under this Agreement.
5. The Attorneys shall serve at the pleasure of the City Manager.
This Agreement may be terminated by either party on thirty (30)
days notice.
6. The Attorneys shall bill on a monthly basis and itemize bills
in accordance with the City Manager's policies and procedures.
IN WITNESS HEREOF, the practices hereto havezp~d their
respective hands and seals thi ay ~ ,1995.
MULLER, MINTZ, KORNREICH, CALDWELL,
Y, CRO~/~D & ~ICK, P-A-
DAVID KORNREICH, LABOR ATTORNEY
~~L. ~OR~i ~ITY MANAGER
KATHRYN ~. O'HALLORAN, CITY CLERK