Loading...
HomeMy WebLinkAboutR-96-32RESOLUTION NO. R-96-32 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A LETTER OF AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY AND VALERIE F. SETTLES FOR THE PURPOSE OF UTILIZING THE LEGAL SERVICES OF MS. SETTLES AS THE CITY ATTORNEY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has previously determined it to be in the best interest of the City of Sebastian to utilize the services of Valerie F. Settles for City Attorney; and WHEREAS, the terms of her agreement have previously been discussed by the City Council at a public meeting of the City Council of the City of Sebastian held on April 13, 1996; and WHEREAS, the City Council and Ms. Settles desire to enter into a written agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. The Mayor and City Manager are hereby authorized to enter into an agreement for legal services with Ms. Settles on behalf of the City of Sebastian. Said Agreement being attached hereto as Exhibit SECTION 2. CONFLICT. That all resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 3. SEVERABILITY. That 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 4. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council member ~~ The motion was seconded by Council member ~ and, upon being put to a vote, the vote was as follows: Mayor LOuise Cartwright / vice Mayor Walter Barnes Council member Norma Damp Council member Raymond J. Halloran / Council member Richard Taracka ~- The Mayor thereupon declared this Resolution duly passed and adopted this ~ day of ~/~6L¢~ , 1996 Kathryn M. O'Halloran, CMC/AAE City Clerk CITY OF SEBASTIAN, FLORIDA BY: ~ <~c~m~-~-~ ~A~k Louise Cartwright, Mayor J/ City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 May 8, 1996 Valerie Fernandez Settles 4125 Pinta Court Coral Gables, Florida 33146 Re: Legal Representation of the City of Sebastian. Florida Dear Ms. Settles: The purpose of this letter is to confirm certain terms concerning fees and billing arrangements, and to otherwise memorialize the general terms and conditions under which you will provide legal representation to the City of Sebastian ("Agreement"). It is understood that you have been retained to act as a part time contract City Attorney and to provide general legal representation to the City. Generally, your representation will be limited to items covered by the Retainer, as defined herein, and to those specific matters regarding which you are consulted, and your engagement is terminable by either party upon thirty (30) days written notice and payment of all amounts due. Notwithstanding this, the terms of this Agreement will be subject to change and evaluation by both parties at the end of one (1) year from the date of execution thereof. Unless otherwise instructed, in addition to the Retainer Services, as defined below, you will undertake to perform any legal services which may be requested by the City Manager or the City Council. This will include, without limitation, representation in the areas of general local government law, litigation, employment law, land use law, real property law, environmental law, and constitutional law. Your fee retainer will be $45,000 per year ("Retainer"). This retainer, the payment of which may be divided into twelve monthly increments of $3,750.00, is specifically designated as a payment for the following legal services ("Retainer Services"): Attendance by Valerie Fernandez Settles at regularly scheduled meetings of the Council (including the attendance at up to twelve special meetings per year, at the request of the Council). You will serve as legal advisor and parliamentarian to the City Council during these meetings. Attendance at the Planning & Zoning Meetings, at the request of the City Manager. Creation of the framework for a city Legal Department. This will include the creation of a Legal Department Administration Program, including a Litigation Management System and Project Assignment Report. Unlimited telephone consultations between you and City representatives. In house presence at City Hall for meetings and consultations. The exact number of hours and days you will be present at City Hall will be determined by the city Manager. You have agreed to a minimum of one full day per week and up to two full days per week, at the request of the City Manager. It is agreed that this requirement is flexible and that it is anticipated that there may be greater legal needs in one particular week, depending on the issues faced by the City. You will work with the City Manager on the efficient scheduling of your time at City Hall. The handling of state court, federal district court, and appellate proceedings not covered by insurance; Formal mediation and arbitration proceedings, other than labor negotiations and matters covered by insurance; Administrative adjudicatory proceedings within your area of expertise; Drafting of resolutions, ordinances, regulations, agreements, laws and other legal documents as required by the City Council and the City Manager. 9. Real estate transactions and related matters. The City recognizes that all normal and customary legal services cannot be provided effectively for a fixed sum. Accordingly, there may be instances where outside counsel may be retained, or items outside of this Agreement may be handled by you. Consequently, the city agrees that specified legal services will be provided by separate billing. Such services shall include: Especially complicated litigation and transactions requiring a high degree of skill and a very substantial commitment of time; and 2. Labor and Union matters; and 3. Bond transactions. Attendance and representation of the city at quasi- judicial board meetings, other than City Council meetings, other than noted below. Litigation matters covered by the City's insurance. If the city's carrier does not assign counsel, you will negotiate with outside counsel to obtain the most cost effective rates. 6. Other matters not covered by the Retainer Services. Legal services for separate billing matters will be provided upon request of, and with the consent of, the City. Professional services for these subjects may be provided by you, or outside counsel who can best provide the service for the benefit of the city. All matters outside of the Retainer will be approved by the city Manager prior to assignment. The fees you will charge the City for legal services rendered in addition to the Retainer Services will be $50 per hour. For certain special projects where outside counsel is necessary, a fee will be agreed upon in advance with the city Manager. You will negotiate with outside counsel to provide the City with the lowest possible rates. It is our goal to retain a local attorneys to represent the city at certain quasi judicial board meetings. Until one is retained, you will represent these boards. Representation of the Planning and Zoning Commission is included in the Retainer Amount. Representation of other boards will be billed at $50 per hour. In addition to the Retainer, the City will be charged for certain out-of-pocket expenses incurred on the City's behalf. These include such items as official fees, copying charges, overnight delivery services, long distance telephone charges and travel expense (excluding travel to and from Miami, Florida, except as noted below). The City will not be charged for attorney travel time from Miami to Sebastian. You will be provided with a phone line and the part-time use of an existing secretary to receive phone calls, perform filing activities and sort mail. You will not be provided with an office at City Hall, but may utilize space for your weekly visit to the City. You will be provided with city stationery office supplies and business cards. You will be reimbursed for travel expenses for travel to and from Miami, Florida, (not to exceed a total of thirty (30) days of travel) during the first one hundred and twenty (120) days of the term of this Agreement. Reimbursement shall not exceed a total of fifty dollars ($50) per day. The City will purchase the CD-Rom reference materials ($1500) and a lap top computer (not to exceed $2500) at a capital expense to serve as the base for its "City Attorney's Office." It is understood that there may be other items, such as subscriptions and legal education, which may be required. These items will be subject to the approval of the City Manager. You will work with the City Manager on the Legal Department budget to bring all legal department matters within the budget and will make it our goal to lay the groundwork for an in-house legal department which will provide the City with the most cost effective representation, with minimal use of outside counsel. It is the desire of the City to be satisfied not only with the quality of your services, but also with the reasonableness of the fees that you charge for those services. Therefore, you will attempt to provide as much billing information as the City requires, and we will discuss with you any billing format that you would desire. You will keep track of all hours of service to the City under the Retainer Services and will provide us with these on a monthly basis. Statements will be rendered on a monthly basis. Your normal procedure is for each statement to set out in detail the services which have been performed and the nature of the costs which have been incurred. Ail statements are due when rendered. The monthly retainer will be paid on a per month basis, without the need for a monthly invoice. The city acknowledges that you have called to our attention certain particular areas where the ethics of your profession will specifically govern this representation. 4 First, as a matter of professional responsibility to your clients, you are required in almost all instances to preserve as confidential all information which clients communicate to you. Confidences imparted to you by your clients are protected by law to encourage full and candid communication between lawyers and clients. You can best represent the city only if you are made aware of all relevant facts and circumstances. Second, your client relationship will be with the city through the City Council and not with its individual employees or Council Members. It is to the City, through the City Council that you will owe your professional responsibility. Should there be any circumstances where any individual involved with the City feels that his/her interests may differ from those of the City, such individual should seek separate legal counsel. VALERIE FERNANDEZ SETTLES ATTORNEY AT LAW Valerie Fernandez Settles CITY OF SEBASTIAN Lobise R. cartwright c7 Mayor ATTEST: · · Kathry,~ M.' O ' Hallogan City 'Cl e~:k 5