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q-13-99
CITY OF ATLANTIC BEACH
~~~~ CITY COMMISSION
STAFF REPORT
AGENDA ITEM: Cit;y Attorney Contract
DATE: Sep>ternber 9, 1999
SUBMIT TED BY: Da~~~id E. Thompson, City Manager
BACKGROUND: The City Attorney's contract was approved in 1994., and it has not
been amended since that time. The City Manager and City Attorney
dis.:ussed this matter, and they agreed that the contract needed to be
updated.
The attached proposal from the City Attorney makes a number of
significant changes from the previous contract. There are also a
number of revisions that will have a significant financial impact if
approved.
Since the City Attorney works for the City Commission, the City
Commission needs to review the contract and determine what: they
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wish to see changed, added, or deleted. Once the substantive issues
are decided, then staff recommends that the City have the contract
reviewed by an outside attorney.
Staff will gladly assist the City Commission as requested or directed.
At this time, it is not clear as to the level of involvement t:he Cit}~
Comrission would like staff to participate.
RF,CONIMENDATION: To review, evaluate, and modify the proposed contract to determine
the: City Commission's direction on the substantive issues.
After making the decisions noted in the above recommendation, to
refer to staff to have an outside legal review of the contract.
ATTACHMENT: Proposed Contract from City Attorney Alan Jensen.
Existing Contract from City Attorney Alan Jensen
Armual Totals paid to the City Attorney
RI±JVIEWED BY CITY MANAGER:- ,..~- ____
AGENDA ITEM NUMBER:
HLHIV J CIV~[.IV H 1 I' T JJJ 1"NJ1 HUl.7~ lO' 77 1t~: ,S~
Attorney ~ I.~rr
935 North bird meet
Post Office Bea 30437
"""' Jacksonville Roach, k'loxida 322(1-0457
Telephone (904) 246-2504 ite (q~D44) Z~i6-9960
FAX MEMORANDUM
:DATE: August 16, 1999 Time; - ~~~~~
~: Chief David E. Thompson, City Manager
COMPANY: City of Atlantic Beach
FAX NUMBER,: (904} 247 5805
NITMBER OF PAGES: ~~ (including covet sheet)
FROM: AI:AN C. 7ENSEN, ESQ.
CI_ZIIV'I'JMATTER rTO.:
N7F.SSAGE
~~
David:
i
Pared heacewitth is a copy of the z~ew proposed Resolution for the city attorney.
If you have any questions rega>xiing it, please don't hesitate to call tne.
,Pilau
The information eo:dained in this faasimila message is attorney privileged and co~deatis~ information :intended only
for the use of the ioadividuai oz eptity named above, Zf the reader of this message is not the intended recipient, or the
employee or agent rettpons~le-to deliver it to the intended recipient, you are hereby notiSted that any dissemination,
distribution or copying of this com'naunicatiom is strictly prohibited. If you have received this comtnuaication in
error, pla,sl3e immediately, notify us b;y telephone and return the original message to us at the above address via U.S.
Postal Service. Tb~anlt you.
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F-3L_HN J t=NSt.N H I I Y `3.3.5 t'~~7~ HUU :L b- ~~ 1. b: ~b
RE,~I.UTION NO. 99-
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A RF:SOLUTZON OF THE CITY OF ATI.~,NTZC BEACH APPOINT]:4IG
ALAN C. JENSEN ~?-S CITY ATTORNEY, FIXING HI3 DUTIES ~-ND
RATE OF? C~1cNSAZ'zON, AND PROVZDIIJG AN EFFECTIVE DATE .
WSEREA:~, Sec. 31 of the Charter of the City of Atlant~:c Beach
:requires the: City Commission to appoint a City Attorney, anct
i+TFiERF.A;;, Alan C. Jensen has served as City Attorney from July,
1982, throuc~h June, 1983, and from November 1, 1989, to the present
'time, and
WHEREAT;, t:hs:. City Commission desires to appoint Alan C . Jensen
to continuE~ as City Attarney and to fix his duties and
compensat:ior.., i.nc:luding certain benefits _
NOW TH;~REF'ORE, be it resolved by the City Commission of i~he
City of Atlantic Beach. as follows:
SECTION 1. ,Alan C. Jensen, having previously been appointed
Atlantic Beach City Attorney ("City Attorney"), shall cont:imze in
said position under the terms of Resolution No. 94-27 (copy
attached) through September 30, 1999, and the new terms a:s forth
herein shal]. become ej'fective beginning October 1, 1999. The City
Attorney sr.all perform the functions and duties speci:died in
Article V of th.e City Charter as follows:
a. Acting as the :legal advisor to, and ai~torraey and
counselar~ f~oz~, the City and its officers in matters
rf;l.atizag to tYaeir 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 correctnes.~;
c. P~_osE_cuting and defending for and on behalf of t:he City
a:Ll cavil complaints, suits and controversies in which
the City is a party; and
d. F~zz~nishing opinions on c~zestions of law rela.ting• to the
powers and duties of City officers; and
e . Pe;rforma.ng such other duties as may be required by
oz:dinance o=' resolution of the City Commi.ssio:n_
SECTION 2. The City shall pay to the City Attorney a monthly
retainer in the amount of Two Thousand Two Hundred Fifty anti 00/100
Dollars ($2, 250.00} , which sum shall be paid monthly by tr-e tenth
{10th} day of each month_ In return for said retainer, t:he City
Attorney shall attend all regularly scheduled and specially called
h11._I"11V JGIVJGIY ,""1. . 1 .~~~ . v.~ .._...... ~...~ _.. ~...-vv
meetings of the City Commission; attend regulazly scheduled and
specially called meetings of the Community Development Hoard as
~~~- requested; attend all meetings of the Code Enforcement Board, at
which the City Attorney shall advise the board; 'prepare all
resolutions and ordinances; and review any azad all documents
received by the Cri.ty on an, as-needed basis. The City Attorney shall
submit written quarterly reports regarding the status of all
.litigation and other Legal activities involving the Cit;~.
SECTION 3. As a separate aspect of the Cite At'torney's
p_.I[Lployment k~ereunder, as to all litigation brought against 'the City
r~r which is authorized by the City to be brought on its behalf,
being available for regal consultation with the City Managc~r, City
Clerk, all Commission and boaz'd members, and any other City
personnel on an as-needed basis, preparation of contracts,
providing written legal opinions on any matters when :requested by
any member of the City Commission, and performing any other
services not included in those set forth under the retainer, the
City Attorney shall bE: paid an hourly rate of One Hundred Forty and
00/100 Dollars 0140.00). In addition, the City Attorney shall be
reimbursed for_ all out-of-pocket expenses as are re~asor~ably
expended in support o:E the litigation or other services. 'The City
Attorney shall rendex' bills to the City for litigation fees and
costs On a. monthly basis, and such bills shall detail work
performed a:zd time spent. The term "litigation" as used herein
shall inv'ol've actions before any court of law or administrative
body or panE:l, other than an administrative body of this Cii:y,
~~, s~r~ 4 • At :such time as legal services may be nESeded in
certain specialize. areas of the law, such as in connection with
the issuance: of mumx.c:ipal bonds or with any other specialized area
of the law, the City Attorney shall assist the City :in oiotain.ing
bond counse_L or other specialized counsel, as is necE:ssary, at a
reasonable rate of compensation. The City Attorney shall receive
compensation: i.n connection therewith only for actual :services
rendered, air the hourly rate authorized herein, and b_Llled to the
City as regt;~ired herei.n..
SECTIO>!~~. The, City agrees to provide and pay fo.r full major
medical health insurance for the City Attorney and his family under
its existi.nct or any future group health plan during the ter.;a of his
employment ]Zereunder. In addition, in the event Alan C.. Jensen
ceases to k~e the City Attorney for any reason, the City shall
continue to provide and pay for full major medical health insurance
for him and his family for a period of time equal to the number of
years he served as City Attorney_
SECTIQ~ 6. The City may terminate the employment of •the City
Attorney hereunder with notice
a. upon the City Attorney's failure to prompi_ly and
adequately perform the duties required of him by the
City, such performances fio be judged by the City
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Camm._~i.ssion, or
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b_ upon the City Attorney's material breach of any
prov:Lsion hereof, provided the City Attorney is first
g.wen a reasonable period of time to cure said breach,
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c. for other good cause good cause which shall .include, but
sllal:l not necessarily be limited to, ;Habitual
absenteeism„ a pattern of conduct which tends to hold
tlae City up to ridicule, conduct disloyal. t:o tt~e City,
conviction of any crime of moral turpitude, ;and
substantial dependence on any addictive substance.
,~ECTIQ23 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 conti~~ue to be paid his retainer and average monthly :billings
(using the 6 months prier to termination in detez7nining said
average) for at least one hundred eighty (180) consE~cut9_ve days
from any pre:l.inninary notice of termination without cause.
SECTION 8. This Resolution shall take effect immediately upon
its final passage anal adoption.
PASSED by the City Commission this day of August,
1999.
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ATTEST:
MAUREEN IiTNG - T SUZi~NNE SHAUGHNESSY
City Clerk Mayor, Presiding Officer
.Approved as to form azad correctness;
.ALAN C. JENSEN, ESQUZ~~E
City Attorney
I hereby accept employment as attorney for the Gity of Atlantic
Beach under the foregoing provisions.
ALAN C. JENSEN
DATE:
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RESOLUTION NO. 94-27
A RESOLUT:LON U~' TH:E CITY OF ATLANTIC BEACH APPOINTING
ALAN C. JENSEN AS CITY ATTORNEY, FIXING HIS DUTIES AND
RATE OF COMPENSATION, AND PROVIDING AN EFFECTIVE :DATE.
WHEREAS, :3ec. 31 of the Charter of the City of Atlantic Beach
require~~ the City Commission to appoint a City Attorney, a.nd
WHEREAS, A1_an C. Jensen has served as City Attorney from Ju:Ly,
1982, throug:h ~~une, 1983, and from November 1, 1989, to the pra_sent
time., and
WHEREAS, the City Commission desires to appoint Alan C. Jensen
as City Attorney ,and to f:ix his duties and compensation, inchud:ing
certain benefits .
NOW THE;REFOF:E, be its resolved by the City Commission of 'the
City of Atlantic Beach a~~ fo:Llows:
SECTION 1. Alan C. Jensen, having previously beE:n appointed
Atlantic Beach City Attorney ("City Attorney"), shall coni~.inue in
said position beginning October 1, 1994, according to i~he terms as
set forth herein. The City Attorney shall perform the functions
and duties spf=_cifi.ed in Article V of the City Charter and such
~~r other legal:Ly permissikale and proper duties and functions as the
City Commission sha1~. from time to time assign.
SECTION 2_ The City shall pay to the City P.ttorn~~y a monthly
retainer in thE~ amount: of Two Thousand and 00/.100 Dollars
($2,000.00),, which sum shall. be paid monthly by the tenth (10th)
day of each month. In return for said payment, the City Att:ox-ney
shall perform a1:1 lega]_ work for the City as required by thE. City
Charter, exclL.ding litigation. The City Attorney's work, i.n return
for said ret:ainex~, shall include, but not be limited to: attendance
at all regularly scheduled and specially called meet:ing:~ of the
City Commission; attE~ndance at all regularly scheduled and
specially c;allecl meetings of the Community Develo~>ment Board;
attendance at meetings of the Code Enforcement Board, at which the
City Attorney shall advise the Board; preparation of all. resolu-
tions, ordinances and contracts; being. available for legal
consultation with the City Manager, Clerk, all Commission and Board
members, and any other City personnel on an as-needed basis; review
of any and all documents received by the City on .an as-needed
basis; and collective bargaining. The City Attorney shall also
prepare and :review with necessary City personnel all proposed
ordinances prior .to presentation to the City Commission, shall meet
on an as needed. kiasis, for such purpose and shall :serve on any
committee established by the City Commission for such purpose. The
City Attorney shall. submit written quarterly reports i-ega:r.di.ng the
status of a.ll li.tigatior~ and other legal activities i_nvo:l.vi.ng~ the
. City, and shall pravid~a written legal opinions on any matters when
requested by any member of the City Comission.
In addition., the City agrees to set the monthly retainer set
forth above, the hourly rate set forth below, and/or other :berief'its
."'"~ to the City Attorney in such amounts and to such extent as the City
Commission may d.etermi:ne is desirable to do so on the basis of an
annual salary revi.e.w of employees made at the same time as si.mi.lar
consideration is, given for other employees generally.
SECTION 3. As a separate aspect of the City Attor-ne:y's
employment hereunder, as to all litigation brought against the City
or which is authorized by the City to be brought on its behalf_ , the
City Attorney shall be: paid an hourly rate of One Hundred Twenty
Five and 00/100 Dol.lar:~ ($125.00) . In addition, the City Att:oi-ney
shall be reimbursed for all out-of-pocket expenses as are reason-
ably expended in support of the litigation. The C:Lty Attorney
shall render bi7_ls to the City for litigation fees and costs on a
monthly basis, a.nc~ suc;z bills shall detail work performed and time
spent. The: term. "litigation" as used herein shall involve: actions
before .any c:ouz-t of law or administrative body other than an
administrative body of this City.
SECTION 9. At. such time as legal services may 'be needed in
connection with the issuance of municipal bonds or in connection
with any other specialized area of the law, the City At:torriey shall
assist the City in obtaining bond counsel or other specialized
counsel, as is necessary, at a reasonable rate of compensation.
The City Ataorney shall receive compensation. in. connection
therewith on:Ly far ;actual services rendered, at the hourly :rate
authorized hE~re:in, and billed to the City as required. herein.
SECTION 5. The City agrees to provide and pay for full major
medical health i.n:~urance: for- the City Attorney and his family under
its existing or any future group health plan.
SECTION 6. `I'he City may terminate the employmeni~ of th.e City
Attorney here=_under without notice
(al 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 breach of any :provision
hereof, 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.
SECTION 7. The City may terminate the employment of the City
Attorney hereunder without cause provided that any termination or
~~ removal o:f the City Attorney shall be in accordance with. the
provisions of t:he City Charter. In such event, the City Attorney
. shall continue to be paid his salary and benefits for at .least one
hundred eighty (180) consecutive days from any preliminary notice
'""" of termination without cause.
SECTION f3. This REDsolution shall take effect immediatel`t upon
its final passage and adoption.
k'ASSED by the: City Commission this 22nd day of August, 1094.
ATTEST: ~
Vii' _.
MA EEN KING L T. FL TCHER
City Cierk Mayor, Presiding Officer
Approved a~~ to f.'orm and correctness:
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C. SE;N, ESQUIRE
City A orney
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I hereby accept employment as attorney for the City of Atlantic
Beach under t:he foregoing provisions.
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N C. SEN ~
DATE : _~/~~~ `.~_-~
Vendor Activity History for City Attorney
Retainer Other Total
1996 ~i24,000.00
1997 :124,000.00
1998 :~24, 000.00
* 1999 .24,000.00
$;10,033.16
$37,695.05
$30,573.71
$26,645.36
$54,033.16
$61,695.05
$54,573.71
$50,645.36
* 1999 This i:~ Partial Year as of August 25th as processed for payment
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