HomeMy WebLinkAboutCC Resolution 8628 (Legal Services)RESOLUTION NO. 8C28
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN RAFAEL AUTHORIZING
THE SIGNING OF AN AGREEMENT FOR
LEGAL SERVICES BETWEEN THE CITY OF
SAN RAFAEL AND SCOTT GUITE,
ATTORNEY.
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 Scott Guite, Attorney
and Independent Contractor, to provide consulting, representational
and legal services pertaining to prosecution of criminal Municipal
Code violations, arrested or cited by San Rafael Police Department
officers assigned to patrol the downtown area, a copy of which 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 sixteenth day of March, 1992, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
/lt .
JE,M. LEONCI I, City Clerk
ORIGINAL 110eW1'W
AGREEMENT BETWEEN THE CITY
OF SAN RAFAEL AND SCOTT GUITE
IDENTIFICATION OF PARTIES:
1. This agreement is between the City of San Rafael,
hereinafter "City", and Scott Guite, hereinafter "Attorney".
TERM•
2. The term of this Agreement is twelve (12) months
commencing March 2, 1992 The term may be extended for
additional periods of time by the written consent of the parties.
SCOPE OF SERVICES:
3. Attorney is being retained to represent City with respect
to the prosecution of criminal Municipal Code violations, arrested
or cited by San Rafael Police Department officers assigned to
patrol the downtown area by: "H" Street -- Irwin Street -- Second
Street -- Fifth Street with inclusion of Boyd Park and Albert's
Park along "B" Street.
RESPONSIBILITIES OF CITY AND CONTRACT ATTORNEY:
4. Attorney will keep City informed of progress and
developments and respond promptly to City's inquiries and
communications. City will cooperate with attorney's request for
information and keep him informed of developments which might
assist in his prosecution of cases; and make any monthly payments
to Attorney for fees, costs or expenses incurred and owing during
the prior month within thirty (30) days of mailing of the monthly
bill or statement.
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PAYMENT AND BILLING PROCEDURES:
5. Attorney will provide the services described in this
Agreement to City for a total fee not to exceed seventy-five
($75.00) dollars per hour, but under no circumstances shall the
total amount billed exceed twenty-seven thousand ($27,000.00)
dollars. Payments shall be made upon City's receipt of itemized
invoices indicating the number of hours provided to the City during
the period for which a claim for payment is being made.
INDEPENDENT CONTRACTOR:
6. While performing the services described herein, Attorney
is an independent Contractor and not an officer, agent or employee
of the City.
INSURANCE:
7. During the term of this Agreement, Attorney shall
maintain: professional malpractice insurance with a limit of
liability of not less than five hundred thousand ($500,000.00)
dollars per claim and in the aggregate. Such insurance shall not
be reduced or canceled without thirty (30) days written prior
notice to the City. Attorney, prior to beginning work under this
Agreement, shall provide City with a certificate of insurance of
the policy as evidence of any insurance described in this
paragraph.
TERMINATION:
8. The performance of services under this Agreement may be
terminated by either party by giving the other party thirty (30)
days written notice. In the event of termination, City shall pay
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Attorney all sums then due and unpaid as of the date of receipt of
termination notice.
AMENDMENT:
9. This constitutes the entire Agreement of the parties. No
modification or amendment of this Agreement shall be valid unless
it is in written form and signed by all parties.
ARBITRATION:
10. All claims or disputes between the City and Attorney
relating to this Agreement shall be decided by arbitration pursuant
to the current provisions of the California Code of Civil Procedure
and any successor statutes.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be duly executed as of the date written below.
INDEPENDENT CONTRACTO
DATED'
SCOfiT GUITE
Attorney
DATED: 021 APLk
ATTEST:
JE E . LEOI�Cf�t, City Clerk
DATED: March 16, 1992
91
APPROVED AS TO FORM•
TESSIE BELUE
Assistant City Attorney
CITY OF SAN RAFAEL
E' T J. O Zayor