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HomeMy WebLinkAboutCity Council Resolution 2205 RESOLUTION NO. 2205 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING PROPOSAL I~OR RENEWAL OF CITY ATTORNEY EMPLOYMENT AGREEMENT AND AUTHOIIr/.II~IG EXECUTION O~F CONTRACT THEREFOR RESOLVED, by the City Council of the City of Saratoga as follows: l. That the proposal for rendering legal services to the City of Saratoga submitted by the law firm of Atkinson - Farasyn, a copy of which is attached hereto as Exhibit "A," is hereby approved and accepted. 2. That the Mayor be, and he is hereby, authorized to sign said agreement for and on behalf of the City of Saratoga. The above and foregoing resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 16th day of January ., 1985, by the following vote: AYES: Councils Callcn, Clevenger, Hlava, Moyles and Mayor Fanelli NOES: None ABSENT: None ~R ATTEST: De~'~ity Clerk ATKINSON · FARASYN ATTORNEYS AT LAW PAUL B. S. MITH 660 WEST DANA STREET J. M. ATKINSON, ERIC L. FARASYN f:~.O. BOX ;:'79 L. M, FARASYN, {'gl5-~979) LEONARD J. SIEGAL HAF;?OLD S. TOPPEL MOUl%TTAII%T VIEW, CALIFORNIA 94042 Gic;!EGORY A. MANCHUK (4151 967-6941 STEVEN G. BAIRD ALEXANDER j. TF:,~AFICANTI January 7, 1985 PROPOSAL FOR RENEWAL OF CITY ATTORNEY EMPLOYMENT AGREEMENT To: The Honorable City Council of the City of Saratoga We offer and agree to continue our representation of the City of Saratoga as City Attorney and to provide the services required by law to be provided by a City Attorney, and to assist the City of Saratoga in the conduct of its legal affairs. Our services shah include the following: 1. To attend monthly meetings and conferences as follows: (a) Two regular Council meetings; (b) Two regular Planning Commission meetings; (c) Four mornings to be present at City Hall for agenda meetings and conferences and consultations with staff members as may be necessary. If any one of the above meetings or conferences is not held, another meeting or conference may be substituted in its place, the intention of the parties being that at least four meetings and four morning conferences per month will be artended. 2. To provide the Council, its planning commissioners, officers, agents and employees with telephonic advice and opinions relating to City business upon request by the City Council, Planning Commission or City Manager. 3. To assist the City Council, its planning commissioners and staff in drafting ordinances, rules, regulations and resolutions relating to the conduct of the City business. 4. For services to be rendered pursuant to Sections l, 2 and 3 above, including related services of a clerical nature, our compensation shall be the sum of $2,275 per month for the first thirty five (35) hours of attorney time expended for each month of service, commencing with January 1, 1985, and every month thereafter during the pendency of our term of service to the City, except as further hereinafter provided. The City shall make monthly contributions on Paul B. Smith's personal behalf and in the appropriate amount to the State of California Public Employees Retirement System (PERS). Paul Bo Smith shall make corresponding monthly contribu- tions to PERS on his personal behalf and in the appropriate amount. This provision of the agreement shall inure solely to Paul B. Smith's personal benefit. This contribution shall be in addition to said basic monthly contribution. 5. Any services rendered under Sections ], 2 and 3 above in excess of thirty five (35) hours per month will automatically be rendered by the City Attorney at the hourly rates set forth in Paragraph 7 hereafter. 6. Additional legal services - At the direction of the City Council, Planning Commission or City Manager, the City Attorney may render the following additional services: (a) Attending meetings or conferences in excess of those specified in Section 1 above, except as otherwise herein provided; (b) Proceedings for annexation or exclusion of territory to or from the City of Saratoga, including auxiliary proceedings such as appearances before the Local Agency Formation Commission and/or proceedings related to matters within the jurisdiction of said Commission; (c) Any proceeding relating to special joint powers agreements, except that a review of such agreements shall be included within the services rendered for the monthly retainer set forth in Section 4; (d) Any proceeding for financing of public improvements, whether by general obligation bonds, revenue bonds, or special assess- ment and assessment bond proceedings, or by way of sale or lease agreements, including but not limited to, property owners or voters meetings and committee and staff meetings; (e) Any proceedings requiring litigation, other than validating pro- ceedings, deemed necessary and recommended by us, including proceedings in eminent domain and inc]u~ling proceedings relating to the enforcement of the ordinances and regulations adopted by the City; (f) Any proceedings relating to claims against the City arising under its liability insurance policies; (g) Any services beyond those normally provided which are necessary to qualify for any loan or for the sale of any bonds to the State of California or the Federal Government, or to any agency, division or department thereof. (h) Any services rendered in connection with the preparation, redrafting, or review of any major existing ordinance or any proposed new major ordinance, or any major chapter of any title of the Saratoga Municipal Code, and the clerical services related therewith. 7. For any services in excess of thirty five (35) hours per month or any additional services as described in Section 6 or not expressly covered by the terms of this agreement which we are directed to perform and agree to render for or on behalf of the City, we will be compensated at the rate of $70 per hour for attorney time on all matters and $20 per hour for secretarial services rendered in connection with Section 6(h) above. In any event, over and above the agreed-upon fee, the City shall reimburse actual costs related to the performance of our services. 8. This renewal agreement shall be for a period of one (1) year commencing as of January 1, 1985. Thirty (30) days written notice of termination shall be given by either party. All work in progress on date notice is given shall be satisfactorily completed. S~EVEN G. Approved and Accepted CITY O1~ SARATOGA VIBGI~ LADEN I~AMBLLI, Mayor