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Exh 6A l0/ 1 11- 0~-9~ RESOLUTION NO. 99-29 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 Q~~ob_v ', ~^9-g, (date) , 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 1 1 1 1 n 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 Citv 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 ~t retainer, the City Attorney shall • ~ ~", , Yi~tr~- Lv: ~ ~ ~ ~ ~ ~ . attend all regularly 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 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 eainnina w th the year 200 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 6~ 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 ~a~rrl-y eligible family members under its existing or any future group health plan during the term of his employment hereunder. 3~r ~.......1.~.~.~ ~~, ~~~ ~.~ 1.. ..~..~~~ ...~ u.l ~.. vc.ii.~cii ~.cu.~ c.~ ~.v ~c ~iic ~.i~.1/ i ~ / ~ r_ i i SECTION 6. The City may terminate the employment of the City Attorney hereunder withal notice in writing from the City Commission and/or City Manager, for the following causes: 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 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 eriod 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 shy 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 p~-e~~~y notice of termination without cause. SECTION 8. In the event the City Attorney elects to terminate his em loyment 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. PASSED by the City Commission this day of November, 1999. ATTEST: MAUREEN KING JOHN S. MESERVE City Clerk Mayor, Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney I hereby accept employment as attorney for the City of Atlantic Beach under the foregoing provisions. ALAN C. JENSEN DATE: