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HomeMy WebLinkAboutContractAGREEMENT FOR LEGAL SERVICES THIS AGREEMENT made and entered into this 14thday of January 2009 by and between the City of Sebastian, a Florida municipal corporation (hereinafter referred to as "City") and Robert A. Ginsburg (hereinafter referred to as "Mr. Ginsburg") pursuant to the following terms and conditions. WHEREAS, the City desires to retain Mr. Ginsburg as City Attorney of the City of Sebastian; and WHEREAS, the City expects Mr. Ginsburg to perform all the responsibilities and obligations required as City Attorney, as illustrated in Section III of this Agreement and pursuant to the City Charter, Codes and Ordinances and applicable State and Federal regulations; and, WHEREAS, Mr. Ginsburg is willing to enter into a relationship with the City of Sebastian to perform the services as provided; NOW THEREFORE in consideration of the mutual covenants contained herein, the City and Mr. Ginsburg, hereby agree as follows: I. APPOINTMENT The City hereby appoints Mr. Ginsburg as the City Attorney of the City of Sebastian effective as of the date of this Agreement. II. TERM OF AGREEMENT The intent of this Agreement is for the City to receive legal services. The term of this Agreement will continue until either party terminates the Agreement. III. DUTIES OF THE CITY ATTORNEY It is understood that Mr. Ginsburg has been retained to act as City Attorney to provide general legal representation to the City as prescribed by the City Charter. These duties include providing legal services to the City Council and functioning as legal counsel to the City Clerk and City Manager at their request. This mission will include, representation in the areas of general local government law, employment law, land use law, real property law, environmental law, election law and constitutional law. Specific duty illustration may include: 1. Attendance at Regular and Special Meetings of the City Council and attendance at the meetings of the Planning and Zoning Commission. 2. Attendance and representation of the City atquasi-judicial board meetings other than City Council meetings. 3. Providing legal advice on general matters of the City to members of the City Council. 4. Conducting office hours as needed at City Hall for the purpose of advising the City Clerk, City Manager and other Department Head staff on general legal matters that arise while conducting the day-to-day operations of the City. The City shall provide secretarial, office space, equipment and other administrative support in this function. Said office hours may be established by mutual consent of Mr. Ginsburg, City Clerk and City Manager. 5. Mr. Ginsburg recognizes that specific legal support is required to assist in on-going projects and will provide assistance to the City for: a. Comprehensive Plan Up-date and associated meetings; and b. Indian River County - Interlocal Service Boundary Agreement (ISBA) and associated meetings; c. Assistance with on-going City of Fellsmere land use litigation and Department of Community Affairs petitions, protests or like matters; and, d. Advising on the petition of Writ of Certiorari with regard to the Romeo variance denial. 6. Drafting and executing other resolutions, ordinances, agreements, contracts and other legal documents as required by the City Council, City Clerk and City Manager. 7. Serving as a member of the City Investment Committee, which has oversight for the investment of City Funds. 8. Administrating the City's general liability claims. 9. Other matters that are deemed mutually agreeable between the parties that are not provided above. IV. COMPENSATION The City will compensate Mr. Ginsburg at a rate of two hundred dollars ($200) per hour, billable on a monthly basis by Mr. Ginsburg. V. INDEMNIFICATION Subject to any limitation imposed by Florida law, the City shall defend, save harmless and indemnify Mr. Ginsburg against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring out of Mr. Ginsburg's acting within the course and scope of his duties as City Attorney. VI. GOVERNING LAW The Agreement shall be subject to and governed by the laws of the State of Florida and venue for its enforcement shall be in Indian River County, Florida. VII. MODIFICATIONS No provision of this Agreement may be changed or modified except by written agreement executed by both parties hereto. VIII. ENTIRE AGREEMENT The Agreement constitutes the entire Agreement between the parties and contains all the Agreements described herein between the parties with respect to the subject matter hereof. Said Agreement supersedes any and all other Agreements, either oral or in writing, between the parties hereto with respect to the subject matter of this Agreement. IX. NOTICES All notices consents, requests, instruction, approvals and other communications provided for herein shall be validly given, made or served in writing and delivered personally or sent by registered or certified mail, postage prepaid, return receipt requested, to the hereinafter designated address: To the Employer: With Copy to: To City Attorney: X. ENFORCEMENT City of Sebastian Attn: Mayor 1225 Main Street Sebastian, Florida 32958 City of Sebastian Attn: City Manager 1225 Main Street Sebastian, Florida 32958 Robert A. Ginsburg 5415 25th Place Vero Beach, Florida 32966 In the event that it should become necessary for either party to retain the services of an attorney to enforce the terms of this Agreement, the prevailing party in any litigation which is brought on this Agreement shall be awarded all of its costs and expenses including but not limited to a reasonable attorney's fee. This provision shall apply to such expenses incurred at the trial and all appellate levels, without respect to who is the initiating party and shall apply to an action for declaratory relief if the party instituting its asserts specific contentions concerning the Agreement which are filed upon the Court. IN WITNESS WHEREOF, the City of Sebastian has caused this Agreement to be executed by its Mayor and duly attested by its City Clerk and Robert A. Ginsburg has executed this Agreement, as of the day and year first above written. CITY OF SEBASTIAN, A Florida municipal corporation Z. Ric and H. Gillmor, Mayor ATTEST: ~. ~ "~"_ Sally Maio, MM City Clerk Robert A. Ginsburg ROBERT A. GINSBURG EDUCATION Harvard Law School, Cambridge, Mass., JD 1969. Univ. of Miami, Coral. Gables, Fl., AB Economics, magna cum laude, 1966. EXPERIENCE County Attorney, Miami-Dade County, Fl., 1980 - 2005. First Assistant County Attorney, Miami-Dade County, Fl., 1975 - 1980. Advised the Board of County Commissioners, the Zoning Appeals Board and the Planning Advisory Board on zoning, land use, planning. Assistant County Attorney, Miami-Dade County, Fl., 1970 - 1975. Ad valorem tax, condemnation, elections, municipal finance, seaport. • City of Orlando, Hearing Officer, Zoning and Land Use, 2006 -present. • City of Sebastian, Special Magistrate, Code Enforcement, 2007 - 2008. • City of Sebastian, Interim City Attorney, 2008. • Miami-Dade County, Charter Review Task Force, July, 2007 -Jan. 2008. • Of Counsel, Shubin & Bass, Miami, FL, 2008. RECOGNITION City, County and Local Government Law Section of The Florida Bar: • Ralph A. Marsicano Award, 2005, "Significant Contributions to the Development of Local Government Law in Florida." • Paul S. Buchman Award, 2003, "Outstanding Contribution in the Area of Legal Public Service." Eleventh Judicial Circuit of Florida: Certificate of Appreciation, 2005, "Many Years of Outstanding and Dedicated Service to the Judiciary and to the Citizens of Miami-Dade County, Florida." Miami-Dade League of Cities, 2005, "Superior Public Service." "Robert A. Ginsburg Day" Miami-Dade County, Coral Gables, Hialeah. AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT made and entered into this ~.~!~ day of October 2008 by and between the City of Sebastian, a Florida municipal corporation (hereinafter referred to as "City") and Robert A. Ginsburg (hereinafter referred to as "Mr. Ginsburg") pursuant to the following terms and conditions. WHEREAS, the City desires to retain Mr. Ginsburg as Interim City Attorney of the City of Sebastian; and WHEREAS, the City expects Mr. Ginsburg to perform all the responsibilities and obligations required as Interim City Attorney, as illustrated in Section III of this Agreement and pursuant to the City Charter, Codes and Ordinances and applicable State and Federal regulations; and, WHEREAS, Mr. Ginsburg is willing to enter into an interim relationship with the City of Sebastian to perform the services as provided; NOW THEREFORE in consideration of the mutual covenants contained herein, the City and Mr. Ginsburg, hereby agree as follows: I. APPOINTMENT The City hereby appoints Mr. Ginsburg as the Interim City Attorney of the City of Sebastian effective as of the date of this Agreement. II. TERM OF AGREEMENT The intent of this Agreement is for the City to receive legal services until such time that the City retains the service of a City Attorney. The term of this Agreement will continue until either party terminates the Agreement with written notice. Written notice from the City will be presented by the City Manager as an authorized agent of the City and after such action as been directed by the City Council. III. DUTIES OF THE INTERIM CITY ATTORNEY It is understood that Mr. Ginsburg has been retained to act as a part-time, independent, Interim City Attorney to provide general legal representation to the City as prescribed by the City Charter. These duties include providing legal services to the City Council and functioning as legal counsel to the City Clerk and City Manager at their request. This mission will include, representation in the areas of general local government law, employment law, land use law, real property law, environmental law, election law and constitutional law. Specific duty illustration may include: 1. Attendance at Regular and Special Meetings of the City Council and attendance at the meetings of the Planning and Zoning Commission. 2. Attendance and representation of the City atquasi-judicial board meetings other than City Council meetings. 3. Providing legal advise on general matters of the City to members of the City Council. 4. Conducting office hours as needed at City Hall for the purpose of advising the City Clerk, City Manager and other Department Head staff on general legal matters that arise while conducting the day-to-day operations of the City. The City shall provide secretarial, office space, equipment and other administrative support in this function. Said office hours may be established by mutual consent of Mr. Ginsburg, City Clerk and City Manager. 5. Mr. Ginsburg recognizes that specific legal support is required to assist in on-going projects and will provide assistance to the City for: a. Comprehensive Plan Up-date and associated meetings; and b. Indian River County - Interlocal Service Boundary Agreement (ISBA) and associated meetings; c. Assistance with on-going City of Fellsmere land use litigation and Department of Community Affairs petitions, protests or like matters; and, d. Advising on the petition of Writ of Certiorari with regard to the Romeo variance denial. 6. Drafting and executing other resolutions, ordinances, agreements, contracts and other legal documents as required by the City Council, City Clerk and City Manager. 7. Serving as a member of the City Investment Committee, which has oversight for the investment of City Funds. 8. Administrating the City's general liability claims. 9. Other matters that are deemed mutually agreeable between the parties that are not provided above. IV. COMPENSATION The City will compensate Mr. Ginsburg at a rate of two hundred dollars ($200) per hour, billable on a monthly basis by Mr. Ginsburg. V. INDEMNIFICATION Subject to any limitation imposed by Florida law, the City shall defend, save harmless and indemnify Mr. Ginsburg against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring out of Mr. Ginsburg's acting within the course and scope of his duties as Interim City Attorney. VI. GOVERNING LAW The Agreement shall be subject to and governed by the laws of the State of Florida and venue for its enforcement shall be in Indian River County, Florida. VII. MODIFICATIONS No provision of this Agreement may be changed or modified except by written agreement executed by both parties hereto. VIII. ENTIRE AGREEMENT The Agreement constitutes the entire Agreement between the parties and contains all the Agreements described herein between the parties with respect to the subject matter hereof. Said Agreement supersedes any and all other Agreements, either oral or in writing, between the parties hereto with respect to the subject matter of this Agreement. IX. NOTICES All notices consents, requests, instruction, approvals and other communications provided for herein shall be validly given, made or served in writing and delivered personally or sent by registered or certified mail, postage prepaid, return receipt requested, to the hereinafter designated address: To the Employer: With Copy to: To Interim City Attorney X. ENFORCEMENT City of Sebastian Attn: Mayor 1225 Main Street Sebastian, Florida 32958 City of Sebastian Attn: City Manager 1225 Main Street Sebastian, Florida 32958 Robert A. Ginsburg 5415 25th Place Vero Beach, Florida 32966 In the event that it should become necessary for either party to retain the services of an attorney to enforce the terms of this Agreement, the prevailing party in any litigation which is brought on this Agreement shall be awarded all of its costs and expenses including but not limited to a reasonable attorney's fee. This provision shall apply to such expenses incurred at the trial and all appellate levels, without respect to who is the initiating party and shall apply to an action for declaratory relief if the party instituting its asserts specific contentions concerning the Agreement which are filed upon the Court. IN WITNESS WHEREOF, the City of Sebastian has caused this Agreement to be executed by its Mayor and duly attested by its City Clerk and Robert A. Ginsburg has executed this Agreement, as of the day and year first above written. CITY OF SEBASTIAN, A Florida municipal corporation :' Andrea B. Coy, Mayor ATTEST: ~ y ,. y . ~ '_____---. ;_ Sally Maio, C City Clerk ~,~-~~" Robert A. Ginsburg