HomeMy WebLinkAboutCity Council Resolution 2491 RESOLUTION NO. 2491
RESOLUTION OF THB CITY COUNCIL OF THE CITY OF
SARATOGA APPROVING PROPOSAL FOR RENEWAL OF
CITY ATTORNEY EMPLOYMENT AGREEMENT AND
AUTHORIZING EXECUTION 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 15th day of June,
1988, by the following vote:
AYES: Councilmembers Anderson, Clevenger, Hlava, Moyles and ,,.Mayor Peterson
NOES:
None
ABSENT: ~
None
ATTEST:
City Clerk
ATKINSON. FARASYN
ATTORNEYS AT LAW
PAUL B. SMITH 1~60 WEST DANA STREET J.M. ATKINSON (1892-19B~}
~ F~,O. BOX 2.79 L.M. FARASYN [19i5-1979)
LEONARD J. SIEGAL
ROBERT k. BOOTH, .JR. (4t5) 967-6941
STEVEN G, BAIRD
NrCHOLAS C. FEDELI, JR.
HE~R~ D. cruz June ?, 1988
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 shall 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 shall be as follows:
(a) Two Thousand Five Hundred Seventy Dollars ($2,570.00) per
month for the first thirty five (35) hours of attorney time
expended for each month of service, commencing as of
July 1, 1988, 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 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 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, 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. 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 Five Hundred Dollars ($1,500.00), to be applied toward 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 be for a period of 12 months
commencing as of July 1, 1988, and terminating on June 30, 1989. The agreement may
be terminated by either party upon thirty (30) day prior written notice to the other.
· TOPPEL -- ' · I ' --" '
Approved and Accepted.
CITY OF SARATOGA
By
Mayor
ATTEST
City Clerk ~ ~
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