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HomeMy WebLinkAboutCity Council Resolution 2299 EEMOLUTION NO. 2299 EESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAHATOGA APPEOVING PEOPOSAL FOE EENEWAL OF CITY ATTOENEY EMPLOYMENT AGEEEMENT AND AUTHOHIZING EXECUTION OF COMTEACT THEEEFOE 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 7th day of January, 1986, by the following vote: AYES: Councils Callon, Fanelli, Hlava, Moyles and Mayor Clevenger NOES: None ABSENT: = None ' ' MAYOR ~ ATTEST: C k ATKINSON. FARASYN ATTORNEYS AT LAW PAUL B. SI~ITH 660 '/',/EST DANA STREET Jan~ry 2, 1986 PROPOSAL FOR RENEWAL OF CITY ATrOR~ 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 shall include the following: 1. To attend monthly meetings and conferences as follows: (a) Two regular Council meetings; (b) Two regular Planning Commission meetings; (e) Four mornings to be present at City Hall for meetings 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 hast four meetings and four morning conferences per month will be attended. 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. 4o 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. -1- 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. 7. For services to be rendered pursuant to Paragraphs 1, 2, 3, 4 and 6 above, our compensation shall be as follows: (a) Two Thousand Four Hundred Fifty Dollars ($2,450.00) per month for the first thirty five (35) hours of attorney time expended for each month of service, commencing as of January 1, 1986, and continuing each month during the term of this Agreement. (b) Seventy Five Dollars ($75.00) per hour for any of such services in excess of thirty five (35) hours per month. The City shall make contributions on Harold S. Toppers 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 to solely to Harold S. Toppers personal benefit. This contribution shall be in addition to 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, and clerical services for the preparation of major ordinances will be charged at the rate of Twenty Five Dollars ($25.00) per hour. We shall also be entitled to reimbursement for actual direct costs relating to the performance of our services. 10. This renewal agreement shall be for a period of one (1) year commencing as of January 1, 1986, and terminating on December 31, 1986. The agreement may be terminated by either party upon thirty (30) days prior written notice to the other. B. TOPPRL ~ ' * "~ Approved and Accepted CITY OF SARATOGA Mayor Attest City Clerk -2-