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HomeMy WebLinkAboutCC Resolution 10219 (Dominican College Development Project)RESOLUTION NO. 10219 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH LESLIE A. THOMSEN, ATTORNEY, AS THE CITY'S SUBSTITUTE SPECIAL COUNSEL IN CONNECTION WITH THE DEVELOPMENT APPROVAL PROCESS FOR THE DOMINICAN COLLEGE DEVELOPMENT PROJECT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, an Agreement with Leslie A. Thomsen, as the City's substitute special counsel in connection with the development approval process for the Dominican College Project. A copy of this Agreement is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 15` day of June, 1998, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips jE M. LEONtINI, City Clerk e \6k 0 R-1 E 1 \o 1- AGREEMENT FOR LEGAL SERVICES This Agreement is made and entered into by and between the City of San Rafael ("City") and Leslie A. Thomsen ("Attorney"). WHEREAS, City wishes to retain Attorney to provide legal representation relating to certain environmental and other processes concerning a project commonly known as the Dominican College Master Plan Project ("Project"); and WHEREAS City and Attorney wish to establish the terms and conditions for the provision of the legal services described above, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Leaal Services. Attorney will represent and advise City in all matters relating to the environmental studies and public hearing processes concerning the Project. Should additional legal services be needed, City and Attorney may make a new agreement or amend this Agreement. 2. Compensation. City will pay the sum of $135.00 an hour for work performed by Attorney. Work performed by research attorneys, if any, will be paid at the rate of $100.00 per hour. Work performed by law clerks and/or paralegals, if any, will be paid at the rate of $65.00 per hour. Attorney will be paid customary costs and disbursements, as incurred at actual cost, including but not limited to all third - party expenses, copying (at $.OS per page), fax (at $1.00 per page), long distance telephone, messenger services, and, if necessary, on-line computer research charges. Amounts under $100.00 will be paid directly by Attorney and included on monthly bills to City. Larger amounts will be forwarded to City for direct payment. Fees and costs will be billed monthly, in a format that details time or cost, description and party performing services, if other than Attorney. City agrees to pay Attorney within 30 1 days of receipt of each bill. Amounts outstanding more than 30 days may be subject to interest at 1% per month. 3. Indenendent Contractor. It is agreed that Attorney, in the peformance of the services to be performed hereunder, will act as an independent contractor and will not be considered an employee of City. 4. Assicmability. The parties agree that the expertise and experience of Attorney are material considerations for this Agreement. Attorney shall not assign or transfer any interest in this Agreement nor the performance of any of Attorney's obligations except as provided in Paragraph 1 above, or except as otherwise agreed in writing by Attorney and City. 5. Nondiscrimination. Attorney will not discriminate in any way against any person on the basis of age, sex, race, color, creed or national origin in connection with the performance of this Agreement. 6. Termination. Either City or Attorney will have the right to terminate this Agreement without cause by giving thirty (30) days' written notie of such termination. In such event, Attorney shall be paid to the actual cessation of work for services provided under this Agreement, provided no payment for work performed after the 30th day following such written notice, absent separate written authorization therefor. In the event of termination, Attorney will deliver to City copies of all reports, documents and other work performed by Attorney under this Agreement. If Attorney fails to peform any of her duties under this Agremeent, in addition to all other remedies provided by law, City may terminate this Agreement for such cause, immediately. 7. Governina Law. The law of the State of California shall govern this Agreement. 2 8. Notices. All notices and other communications required or permitted to be given under this Agreement shall be in writing and personally delivered or mailed, postage prepaid and return receipt requested, addressed to the respective parties as follows: CITY: City Clerk CITY OF SAN RAFAEL 1400 Fifth Street San Rafael, California 94915-1560 ATTORNEY: Leslie A. Thomsen Attorney at Law post Office Box 960 Fairfax, California 94978-0960 Notices will be deemed effective on the date personally delivered, or, if mailed, three days after deposit in the mail. 9. Aareement. This Agreement represents the total agreement between the parties hereto. It shall not be amended except by agreement in writing, signed by the parties. 10. Effective date. The effective date f this DATED: �� ALBEP J. Mayor' DATED: June 1, 1998 DATED: May 19, 1998 ATTEST: E M. LEOCI I, City CTer agreement is May 15, 1998. CITY OF SAN (APPROVED AS TO FORM) By Tit=3'e: ssi a}a't City Attorney a, a'n�'L— Leslie A. Thomsen Attorney at Law 3