Resolution 05-13 Extension of Alan Jensen appointment as City AttorneyRESOLUTION NO. 05 -13
A RESOLUTION OF THE CITY OF ATLANTIC BEACH EXTENDING
THE APPOINTMENT OF 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, 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:
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. Beginning October, 2005, the City shall pay to
the City Attorney a monthly retainer in the amount of Two
Thousand Five Hundred and 00/100 Dollars, ($2,500.00) 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
✓ egularly scheduled and specially called meetings of the City
Commission; attend regularly scheduled and specially called
meetings of the Community Development Board as requested; attend
all meetings of the Code Enforcement Board, at which the City
Attorney shall advise the board; prepare all resolutions and
o rdinances; consult with City Commissioners on all issues related
to City business; meet with City staff, as requested 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.
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 Fifty and 00/100 Dollars ($150.00)
e ffective October, 2005. In addition, the City Attorney shall be
✓ eimbursed for all out -of- pocket expenses as are reasonably
e xpended 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
o f 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:
Resolution No. 05 -13 2
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,
o r
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
✓ idicule, 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,
o r 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 the effective date of any 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.
Resolution No. 05 -13 3
PASSED by the City Commission this /04 day of October, 2005.
ATTEST:
m. (a t 1 ,�4 ivt o. A
owolV, le viz A
DONNA BUSSEY
City Clerk
JO
Ma
App, oved as o form and correctness:
•
AN C SEN, ESQUIRE
City ', - orney
SERVE
siding Officer
I hereby accept continued employment as attorney for the City of
Atlantic Beach under the foregoing provisions.
Resolution No. 05 -13 4