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HomeMy WebLinkAboutReso 65-1986 RESOLUTION NO. 65-86 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING APPROVAL AND EXECUTION OF AN AGREEMENT FOR SERVICES (KASPER and ROGERS) BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. Approval of Agreement. The Agreement by and between the City of South San Francisco and Kasper and Rogers for the purposes of providing interim City Attorney and Assistant City Attorney services, entitled "Agreement for Services" is hereby approved, and a copy of said Agreement is attached hereto as Exhibit "1". 2. Execution of Agreement. The Mayor is hereby authorized to execute said Agreement on behalf of the City, and the City Clerk attest her signature thereto. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 26th day of March , 1986, by the following vote: AYES: Councilmembers Mark N. Addiego, John "Jack" Drago, Richard A. Haffey, Gus Nicolopulos and Roberta Cerri Teglia NOES: None ABSENT: None Exhibit "1". Resolution No. 65-86 AGREEMENT FOR SERVICES -- THIS AGREEMENT is made and entered into this~7~day of ~L~ , 1986, )y and between the CITY OF SOUTH SAN FP~NCISCO, a m'~nicipal corporation organized and existing under the laws of the state of California, (hereinafter "City") and the law firm of KASPER and ROGERS, a California general partnership, the general part- ners of which are duly licensed to practice law in the State of California (herein- after "Attorneys"). In consideration of the mutual covenants set forth herein, the parties agree as follows: 1. EMPLOYMENT OF ATTORNEYS: (a) City engages Attorneys and Attorneys agree to perform the services of Interim City Attorney and Assistant City Attorney commencing April 1, 1986. Attorneys represent that they are professionally able and competent to per- form all services required under this Agreement. (b) City engages attorney Robert K. Rogers, Jr. as Interim City Attorney and attorney Robert J. Kasper, Jr. as Interim Assistant City Attorney. 2. SCOPE OF SERVICES: The services to be performed by Attorneys shall consist of the following: (a) The Interim City Attorney shall attend two regular meetings of the City Council per month and shall attend other meetings of the City Council and/or its boards and commissions as requested by the City Council and/or the City Manager. The Interim City Attorney shall render advice and opinions on legal matters as necessary during such meetings. Legal matters which pertain to special assess- ments or other proceedings where legal services are customarily provided by special counsel shall be excepted from the foregoing. (b) The Interim City Attorney shall establish and maintain office hours at City Hall of not less than sixteen (16) hours per week, on a day or days of the week and times to be mutually agreed upon between the Interim City Attorney and the City Manager. (c) The Interim City Attorney shall prepare resolutions, ordinances, contracts, and other documents necessary or appropriate in matters pertaining to City busi- ness when requested to do so by City. The Interim City Attorney shall examine for legal sufficiency all documents submitted for this purpose by City. (d) The Interim City Attorney shall cooperate with and assist City, its officers, agents and employees, on all general legal matters pertaining to City. (e) The Interim City Attorney shall perform such other legal services for City as may be requested by the City Council. (f) The Interim City Attorney shall render legal services as required in connection with all litigation to which City is or may be a party, and in this regard shall monitor claims against the City and render advice thereon. The Interim City Attorney shall also advise the City regarding when, in the opinion of the Interim City Attorney, outside counsel for litigation should be retained. (g). The Interim City Attorney shall represent City i~ all legal pro- ceeoings, civil or criminal, required to enforce City's ordinances. (h) TheInterim City Attorney shall monitor and keep the City Manager informed of pending and current state and federal legislation of major ~import to City's operations. 3. ABSENCE OF INTERIM CITY ATTORNEY: In the event that the Interim City Attorney is absent or otherwise temporarily unable to perform the duties of his office, the Interim Assistant City Attorney shall act in his stead. In the event that both the Interim City Attorney and the Interim Assistant City Attorney are absent or unable to perform the duties of their respective offices, then the Interim City Attorney shall obtain competent legal counsel to assist City. 4. COMPENSATION: The City shall compensate Attorneys for services rendered as follows: (a) As a retainer for devoting up to twenty hours per week to City's needs City shall pay Attorneys a bi-weekly retainer of four thousand dollars ($4,000) to be paid on alternate Tuesdays beginning on April l, 1986. (b) For all work done in excess of twenty hours per week, City shall pay Attorneys at the rate of one hundred twenty dollars ($120.00) per hour. (c) Attorneys shall not be compensated for travel between City Hall and Attorneys offices. (d) City shall reimburse Attorneys for reasonable costs and expenses in- curred in providing services pursuant to this Agreement, including, but not limited to, the following: (1) customary costs of litigation, such as, filing fees, jury fees, reporter's fees, costs of service of process, printing costs, witness fees and the like; provided, however, that the hiring of any expert shall be approved by the City Council; (2) costs and expenses directly connected with the performance of Attorneys' obligations under this Agreement, such as, long distance telephone calls (other than to City offices), photocopying and repro- duction of documents; (3) travel, meals and lodging expenses incurred on business outside the County of San Mateo for City, subject to approval of the City Council. When such travel is approved, expenses shall be paid in the sum of actual charges incurred and supported by detailed expense records, except that transportation by privately owned automobile shall be reimbursed at the rate of twenty-five cents ($.25) per mile. City shall not be required to pay Attorneys for travel between their offices and City Hall. 5. METHOD OF PAYMENT: (a) The retainer set forth in paragraph 4(a) above shall be paid regularly on Tuesdays of alternate weeks, beginning with the commencement date of t~i~ Agreement. (~) All other fees, costs and expenses shall be paid upon receipt of a billing from Attorneys satisfactory to City specifying the number and date of hours worked under the Agreement during the billing period. Said bills shall be due and payable on receipt and, in any event, shall be paid within thirty (30) days of receipt by City. {c) Attorneys shall maintain adequate records of dates and times worked on matters covered by this Agreement, which records shall be open at any reason- able time for inspection on behalf of the City. 6. TIME OF PERFORMANCE: The parties recognize that time is of the essence in the performance of obligations under this contract. The Interim City Attorney shall provide timely responses to requests for advice and requests for the drafting and/or review of documents necessary in the day to day operations of the City. Items not requiring extensive legal research shall normally be completed within one week of receipt by the Interim City Attorney. The Interim City Attorney shall notify the City Manager in a timely manner when, in the Interim City Attorney's judgment, a ___requested task can not be completed within one week. In such event, a reasonable time frame shall be developed by mutual agreement between the City Manager and the Interim City Attorney. 7. TERM: This Agreement shall commence on April l, 1986 and shall continue through May 31, ~,unless sooner extended by mutual written agreement of the Parties. 8. TERMINATION OF AGREEMENT: (a) For Cause: If, through any cause, either party to this Agreement shall fail to fulfill in a timely and proper manner obligations under this Agreement or violate the covenants, conditions or stipulations of this Agreement, the other party shall thereupon have the right to ter- minate this Agreement by giving written notice of such termination to the party in violation and specifying the effective date thereof at least ten (10) days before the effective date of such termination. In the event of such termination, all finished or unfinished documents, reports, memoranda and files related to the City shall become the property of the City, and the Attorneys shall be entitled to receive just and equitable compensation for any work completed prior to notice of termination on such documents or other materials, including costs of preparing such documents and files for delivery and delivery to the City on the basis of Attorney's hourly fee rate. -3- (b) For Convenience of the Parties: Either party to this Agreement may for its own convenience terminate this Agreement at any time by giving written notice of such termination and specifying the effective date thereof at least thirty (30) daYs before the effective date of such termination. 9. ASSIGNMENT: It is understood and agreed that this Agreement contemplates personal services to be performed by t~e Attorneys as set forth above and is based upon a determination of the Attorneys' unique personal competence and ex- · perience {n a particular field of law, to wit, land use and development law and municipal law. Assignment of any and all rights, duties and obligations of the Attorneys under this Agreement, other than the association of practicing attorneys 'with the law firm, will be permitted only with the express written consent of the City. 10. NOTICES: All notices herein required shall be in writing, and shall be delivered in person or sent by certified mail, postage prepaid. (a) Notices required to be given to City shall be addressed as follows: City Manager City of Sout~ San Francisco P.O. Box 711 South San Francisco, CA 94083 (b) Notices required to be given to Attorneys shall be addressed as follows: Kasper and Rogers Attorneys at law 400 Oyster Point Boulevard, Suite 422 South San Francisco, CA 94080 IN WITNESS WHEREOF, duly authorized representatives of the City and the Attorneys have executed this Agreement as of the day and year first above written. City of South San Francisco ATTEST: Kasper ~nd Rogers, a California pa'~ner ~ip, bYR~e~~ , Partner · Rogers, dr. -4- , Partner