99-29 v RESOLUTION NO. 99-29
1111 A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING
ALAN C. JENSEN AS CITY ATTORNEY, FIXING HIS DUTIES AND
RATE OF COMPENSATION, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Sec. 31 of the Charter of the City of Atlantic Beach
requires the City Commission to appoint a City Attorney, and
WHEREAS, Alan C. Jensen has served as City Attorney from July,
1982, through June, 1983, and from November 1, 1989, to the present
time, and
WHEREAS, the City Commission desires to appoint Alan C. Jensen
to continue as City Attorney and to fix his duties and
compensation, including certain benefits.
NOW THEREFORE, be it resolved by the City Commission of the
City of Atlantic Beach as follows:
SECTION 1 . Alan C. Jensen, having previously been appointed
Atlantic Beach City Attorney ("City Attorney") , shall continue in
said position beginning December 1, 1999, according to the terms as
set forth herein. The City Attorney shall perform the functions
and duties specified in Article V of the City Charter as follows :
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a. Acting as the legal advisor to, and attorney and
counselor for, the City and its officers in matters
relating to their official duties; and
b. Preparing in writing all contracts, bonds, and other
instruments in which the City is concerned and giving an
endorsement of approval as to form and correctness;
c. Prosecuting and defending for and on behalf of the City
all civil complaints, suits and controversies in which
the City is a party, except as set forth in Section 4
below; and
d. Furnishing opinions on questions of law relating to the
powers and duties of City officers; and
e. Performing such other duties as may be required by
ordinance or resolution of the City Commission.
SECTION 2 . The City shall pay to the City Attorney a
monthly retainer in the amount of Two Thousand Two Hundred Fifty
and 00/100 Dollars ($2, 250 . 00) , which sum shall be paid monthly
by the tenth (10th) day of each month. In return for said
retainer, the City Attorney shall attend all regularly scheduled
and specially called meetings of the City Commission; attend
4111 regularly scheduled and specially called meetings of the
Community Development Board as requested; attend all meetings of
1111 the Code Enforcement Board, at which the City Attorney shall
advise the board; prepare all resolutions and ordinances; consult
with City Commissioners on all issues related to City business;
meet with City staff, as directed by the City Manager, as often
as once per month; and review any and all documents received by
the City on an as-needed basis . The City Attorney shall submit
written monthly reports regarding the status of all litigation
and other legal activities involving the City.
The City Commission shall conduct an annual review of the City
Attorney' s performance, retainer, and hourly rate as set forth
herein, to be completed no later than July 31 of each year
beginning with the year 2000.
SECTION 3. As a separate aspect of the City Attorney' s
employment hereunder, as to all litigation brought against the City
or which is authorized by the City to be brought on its behalf, or
as to any other services provided to the City which are not covered
under the monthly retainer, as authorized by the City Commission or
City Manager, the City Attorney shall be paid an hourly rate of One
Hundred Forty and 00/100 Dollars ($140 . 00) . In addition, the City
Attorney shall be reimbursed for all out-of-pocket expenses as are
reasonably expended in support of the litigation or other services .
The City Attorney shall render bills to the City for litigation
fees and costs on a monthly basis, and such bills shall detail work
performed and time spent. The term "litigation" as used herein
• shall involve actions before any court of law or administrative
body or panel, other than an administrative body of this City.
SECTION 4 . At such time as legal services may be needed in
certain specialized areas of the law, such as in connection with
the issuance of municipal bonds or with any other specialized area
of the law, or when insurance coverage provides the City with the
costs of defense of a lawsuit and the City Attorney assists or
monitors the insurance defense attorneys, the City Attorney shall
assist the City as requested by the City Commission or the City
Manager in obtaining bond counsel or other specialized counsel, as
is necessary, at a reasonable rate of compensation. The City
Attorney shall receive compensation in connection therewith only
for actual services rendered in monitoring the status of such legal
services and the City' s position therein, at the hourly rate
authorized herein, and billed to the City as required herein.
SECTION 5. The City agrees to provide and pay for full major
medical health insurance for the City Attorney and his eligible
family members under its existing or any future group health plan
during the term of his employment hereunder.
SECTION 6. The City may terminate the employment of the City
Attorney hereunder with notice in writing from the City Commission
and/or City Manager, for the following causes :
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. .
a. upon the City Attorney' s failure to promptly and
• adequately perform the duties required of him by the
City, such performances to be judged by the City
Commission, or
b. upon the City Attorney' s material breach of any
provision hereof, provided the City Attorney is first
given a reasonable period of time to cure said breach,
or
c. for other good cause which shall include, but shall not
necessarily be limited to, habitual absenteeism, a
pattern of conduct which tends to hold the City up to
ridicule, conduct disloyal to the City, conviction of
any crime of moral turpitude, and substantial dependence
on any addictive substance.
d. upon the City Attorney becoming permanently disabled,
and the City Attorney shall be deemed permanently
disabled if, during any period of the term hereof,
because of ill health, physical or mental disability, or
for other causes, fails to perform the essential
functions of the City Attorney duties hereunder for
thirty (30) consecutive calendar days, and medical or
other information indicates that the City Attorney will
not be able to return to his duties within the following
sixty (60) days .
• SECTION 7 . The City may terminate the employment of the City
Attorney hereunder without cause provided that any termination or
removal of the City Attorney shall be in accordance with the
provisions of the City Charter. In such event, the City Attorney
shall continue to be paid his retainer and average monthly billings
(using the 6 months prior to termination in determining said
average) , including health insurance benefits as provided herein,
for at least one hundred eighty (180) consecutive days from any
notice of termination without cause.
SECTION 8. In the event the City Attorney elects to
terminate his employment hereunder by resignation or retirement, he
shall provide written notice to the City Commission and City
Manager at least six (6) months prior to the effective date of any
such resignation.
SECTION 9. Any modification to the terms of this contract
shall be in writing and signed by both parties hereto.
SECTION 10. This Resolution shall take effect immediately
upon its final passage and adoption.
4110
PASSED by the City Commission this 8th day of November, 1999.
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ATTEST: jr
MAUREEN KING JOH4 M, SERVE
City Clerk May.r, Pr- .iding Officer
App 'oved as o form and correctness :
AA 1 C. L',N:0-7 ESQUIRE
City At ney
I hereby accept employment as attorney for the City of Atlantic
Beach under the foregoing provisions .
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DATE: //— 9— 99
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