HomeMy WebLinkAboutR-95-27RESOLUTION NO. 95-27
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDAt PERTAINING TO THE EMPLOYMENT OF AN
ATTORNEY; AUTHORIZING THE CITY MANAGERt ON BEHALF OF THE
CiTY COUNCIL, TO ENTER INTO A LEGAL SERVICES AGREEMENT
WITH NABORS, GIBLIN & NICKERSON~ P.A. FOR THE PURPOSE OF
PROVIDING LEGAL ADVICE TO THE CiTY ON BOND AND FINANCIAL
ISSUES FOR THE CITY OF SEBASTIAN UTILITY SYSTEM;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE OF THE
RESOLUTION.
WHEREAS, the City of Sebastian needs an Attorney to provide
legal counsel on bonding and financial issues on the City of
Sebastian Utility System; and
WHEREAS, the law firm of Nabors, Giblin & Nickerson, P.A.
served as the bond attorney for the City of Sebastian for the Five
Million Dollar ($5,000,000.00) Utility System Revenue Bonds Series
1993, dated December 1, 1993; and
WHEREAS, it is in the best interest of the city to retain the
services of Nabors, Giblin & Nickerson, P.A., as the Attorneys for
the City on bond and financial issues for the city Utility System.
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 Nabors, Giblin & Nickerson,
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. The City Manager is
authorized to establish amounts such contracts shall not exceed,
and to reauthorize additional amounts not to exceed for additional
legal services if he finds it is necessary to require additional
services.
SECTION 3. SEVERABILIT¥: If any section or part of a section
of this Resolution is declared invalid or unconstitutional, the
validity, force and effect of any other section or part of a
section of this Resolution shall not thereby be affected or
impaired unless it clearly appears that such other section or part
of a section of this Resolution is wholly or necessarily dependent
upon the section or part of a section so held to be invalid or
unconstitutional.
SECTION 4. CONFLICTS: This Resolution shall prevail over all
other Resolutions which are in conflict with this Resolution. If
any clause, section or other part or application of this Resolution
shall be held by any Court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part
or application shall be considered as eliminated and in no way
affecting th~ validity of the remaining portions or applications
remaining in full force and effect.
SECTION 5. EFFECTIVE DATE:
immediately upon its adoption.
The fore~ing Resolution
This Resolution shall take effect
was
moved for adoption by
The motion was seconded
a vote, the vote was as follows:
and,
upon being put to
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Ray Halloran
Councilmember Louise R. Cartwright
The Mayor thereupon declared~,his Resolution duly passed
adopted this~.Q~ da} of /_-~.L~j , 1995.
Ka~h~r~/M~' ~)'H~llor~nj CMC/AAE
(Seal)
and
CITY OF SEBASTIAN,~
By: ~~~'d~/~/9/~w
Arthur L. Firtion, Mayor
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
3
LEGAL SERVICES AGREEMENT
It is mutually agreed between NABORS, GIBLIN & NICKERSON,
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 attorneys to the city of Sebastian on bond and
financial issues for the City Utility System to perform the
General advice and research relating to the
proposed transfer;
(b) Analysis and review of proposed purchase and sale
documents;
(c) Analysis and advice concerning the impact of the
proposed transfer upon the existing city bonds,
bond covenants, and pledged revenues;
(d) Advice and assistance in negotiations for the
transfer of the utility system to the County; and
(e) Assistance in the drafting of documentation
associated with any transfer.
2. The Attorneys are authorized to provide all bond and
financial counsel for the City utility system as requested. It is
mutually agreed between the City and the Attorneys, that Mark G.
Lawson shall have the primary responsibility for this assignment
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:
following professional services:
(a)
(a)
(b)
(¢)
The sum of $150.00 per hour for Firm Principals.
The sum of $125.00 per hour for Firm Associates.
The sum of $50.00 per hour for Legal Clerks.
The firm will limits its fees to $5,000 increments. In the
event that fees for services exceed $5,000 the firm will obtain the
consent of the City Manager prior to commencing work on the next
$5,000 increment.
4. The city hereby agrees to pay the Attorneys the following
reimbursements:
(a) actual costs incurred, such as photocopies, long
distance telephone charges, and overnight delivery services.
(c) Travel and per diem expenses as provided under
Florida Statutes, Section 112.061. Time spent in travel will
be billed at one-half the hourly rates stated above.
5. The Attorneys hereby agree to supply and furnish all
office space, supplies, copying machines, furniture, word
processing equipment,
necessary to perform
Agreement.
6.
Manager.
filing cabinets, and personnel as may be
the legal services provided under this
The attorneys shall serve at the pleasure of the City
This Agreement may be terminated by either party on
thirty (30) days notice.
7. The Attorneys shall bill on a monthly basis and itemize
bills in accordance with the Council's policies and procedures.
8. If the firm is required to furnish a written opinion to
the City, any bondholders or bond insurers concerning the proposed
sale or transfer of the City's water and utility system, an
appropriate fee will be separately negotiated for such services.
IN WITNESS WHEREOF, the parties hereto have placed their
respective hands and seals thisO~~' day of ~~ , 1995.
NABORS, GIBLIN & NICKERSON, P.A.
CITY OF SEBASTIAN
~,fll ~L7 I<ofor~, City Manager