HomeMy WebLinkAboutCity Council Resolution 2669 EEBOLIrrION NO. 2669
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA APPROVING PROPOSAL FOR RENEWAL O1~
CITY ATTORNEY EMPLOYM'I~:NT AGBRRMENT AND
AUTHORIZD~]G E~CUTION OF CONTRACT THEREFOR
RESOLVED, by the City Council of the City of Saratoga as follows:
1. 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 and City Clerk be, and they hereby are 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 5th day of July,
1990, by the following vote:
AYES: Councilmembers Anderson, Clevenger,Kohler, Monia, and Mayor Stutzman
NOES: None
ABSENT:
None
MAYOR 5
ATTEST:
City Clerk
ATKIN~ON. FARASYN
ATTORNIrY¢~ AT LAW
· ~AUL B. SMITH 660 WEST DANA STREET
LEONARD J, SIEGAL P.O, BOX ;'79
L.M. FAF:~ASYN (1915-1979)
HAROLD S, TO~'PEL
MOUNTAIN VI]~W, CALIFORNIA 94042
ROBERT K. BOOTI'4,
STEVEN G. BAIRD (415)
June 26, 1990
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) When requested, study sessions of the City Council or the
Planning Commission;
(d) To be present at City Hall for meetings and consultations with
staff members once a week and such additional times as may be
necessary.
2. To provide the Council, its planning commissioners, officers, agents
and employees with telephonic advice and opinions relating to City business.
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. To initiate and prosecute civil and criminal proceedings relating to
violations of the City Code.
5. To defend the City when requested against claims of liability for
personal injury, property damage or inverse condemnation and to represent the City in
any other type of litigation brought by or against the City in addition to the Code
enforcement services described in Paragraph 4 above.
6. To render such additional legal services as may be requested from
time to time by the City Council, the Planning Commission, the City Manager or the
City staff.
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7. For services to be rendered pursuant to Paragraphs 1, 2, 3, 4 and 6
above, our compensation shah be as follows~
(a) Two Thousand Eight Hundred Dollars ($2,800.00) per month for
the first thirty five (35) hours of attorney time expended for
each month of service, commencing as of July 1, 1990, and
continuing each month during the term of this Agreement.
(b) Eighty Dollars ($80.00) per hour for any of such services in
excess of thirty five (35) hours per month.
The City shah make contributions on Harold S. Toppel's personal
behalf in the appropriate amount to the State of California Public Employees
Retirement System (PERS). Harold S. Toppel shall make corresponding monthly
contributions to PERS on his personal behalf and in the appropriate amount. This
provision of the agreement shall inure solely to Harold S. Toppers benefit. This
contribution shall be in addition to the said basic monthly contribution.
8. For litigation services rendered pursuant to Paragraph 5, we will be
compensated at the rate of Eighty Five Dollars ($85.00) per hour for attorney time.
9. In addition to the foregoing, paralegal services, if utilized, will be
charged at the rate of Forty Dollars ($40.00) per hour. We shall also be entitled to
reimbursement for actual direct costs relating to the performance of our services.
10. Out of the amount budgeted for the City Attorney's office, Harold S.
Toppel shall be entitled to a continuing education allowance in the sum of One
Thousand F ire H undr ed Dollars ($1,500.00), to be applied tow ard the cost of attending
the spring meeting of the City Attorney's Department of the League of California
Cities, ABAG and U.C. Extension seminars, and similar programs designed for
continuing legal education.
11. This renewal agreement shall be4~ ef 12
commencing as of July 1, 1990, ~':.~ '.:.;m-lr.---ti.-.g c..~ ~,u.nc. 3~, I33L The agreement may
be terminated by either party upon thirty (30) days prior written notice to the other.
R etf{tlly su mitt ,
~ S. TOPPEL
Approved and Aeeepted.
CITY OF SARATOGA
ATTEST
C~y Clerk
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