HomeMy WebLinkAboutCC Resolution 8577 (Legal Services)RESOLUTION NO. 8577
RESOLUTION AUTHORIZING THE CITY
COUNCIL OF SAN RAFAEL TO APPROVE
RATE INCREASES FOR LEGAL SERVICES OF
WHITMORE, JOHNSON & BOLANOS LAW FIRM
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, a contract, lease or agreement with
WHITMORE, JOHNSON & BOLANOS for an increase in attorney fees
effective December 26, 1991 for legal services as follows:
Partners .....................$165.00-225.00
Associates ...................$110.00-155.00
Graduate Legal Assistants ............ $95.00
Law Clerks...........................$75.00
Paralegals...........................$55.00
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 16th day of December, 1991, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
%1.
JEA E M. LEONCIN�I, City Clerk
Os�PGif'dlt
,�„
IT IS HER. t AGREED between the t ;y of San Rafael
(hereinafter referred to as the CITY) and Whitmore, Johnson &
Bolanos (hereinafter referred to as SPECIAL COUNSEL) that this
addendum, along with Attachment "A", has been incorporated in the
Agreement between CITY and SPECIAL COUNSEL to provide for an
increase in SPECIAL COUNSEL'S fee schedule. There are no changes
in the Agreement dated August 26, 1991, referred to and identified
in Resolution No. 8577, other than the fee increase.
CITY OF SAN RAFAEL
DATED: ! 11141 q l By:
I r Al �t Bor , Mayor
ATTEST: _
"lapne M. City Clerk
APPROVED AS TO FORM:
Gary T. Rag anti, Ci y Attorney
WHITMORE, JOHNSON & BOLANOS
DATED: ' i� q �- By:
ATTACHMENT "A"
PUBLIC AGENCY FEE SCHEDULE
(Hourly Rates)
Partners $165.00 - 225.00
Associates $110.00 - 155.00
Graduate Legal Assistants $95.00
Law Clerks $75.00
Paralegals $55.00
AGREEMENT BETWEEN
CITY OF SAN RAFAEL
.lylk
WHITMORE, JOHNSON & BOLANOS
City of San Rafael, hereafter referred to as City and WHITMORE, JOHNSON &
BOLANOS, a partnership, located at 2570 El Camino Real, Suite 600, Mountain View, CA
94040, hereafter referred to as SPECIAL COUNSEL, mutually agree as follows:
I.
BASIS OF AGREEMENT
This agreement, effective July 1, 1991, is entered into by and between WHITMORE,
JOHNSON & BOLANOS, and City.
SPECIAL COUNSEL has the required background, experience and expertise to
perform the work to be done and has agreed to do so in accordance with the terms and
conditions of this agreement.
II.
SCOPE OF THE WORK
SPECIAL COUNSEL shall provide services as requested by the City, including
representation in administrative hearings, arbitrations, court proceedings and negotiations,
as designated by the City.
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BILLING PROCEDURES AND PAYMENT
The client shall pay SPECIAL COUNSEL for all time spent on City work, including
necessary travel, at the rates specified in SPECIAL COUNSEL'S Public Agency Fee
Schedule, attached hereto. Client understands that SPECIAL COUNSEL periodically
reassesses and updates City's fee schedule, generally on an annual basis; provided, however,
SPECIAL COUNSEL shall give City at least thirty (30) days advance written notice of such
change. Payments shall be made upon receipt of itemized invoices indicating the number
of hours of services provided to the City during the period for which a claim for payment
is being made. Further, City shall pay interest at the rate provided by law for all amounts
due in excess of 120 days.
' City shall pay and reimburse SPECIAL COUNSEL for reasonable and necessary
costs and expenses incurred in the course of performing such services, including, but not
limited to, travel, document preparation, document duplication, computer research, facsimile
and meals. Where appropriate, SPECIAL COUNSEL shall apportion such expenses with
other clients SPECIAL COUNSEL represents.
IV.
INDEPENDENT CONTRACTOR
While performing services hereunder, SPECIAL COUNSEL is an independent
contractor and not an officer, agent or employee of the City.
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V.
INSURANCE
SPECIAL COUNSEL and City shall take out and maintain during the period of this
agreement such general liability, workers' compensation and vehicle insurance as is required
to protect SPECIAL COUNSEL and City as their interests may appear.
VI.
HOLD HARMLESS AND INDEMNIFICATION
SPECIAL COUNSEL shall hold harmless and indemnify the City, its officers, agents
and employees from and against any and all actions, suits or other proceedings which may
arise as a result of performing the work hereunder, except such actions, suits or other
proceedings which may arise as a result of the negligence or willful misconduct of the client,
its officers, agents or employees.
City shall hold harmless and indemnify SPECIAL COUNSEL, its officers, agents and
employees from and against any and all actions, suits or other proceedings which may arise
in connection with the work performed hereunder, except such actions, suits or other
proceedings which may arise as a result of the negligence or willful misconduct of SPECIAL
COUNSEL, its officers, agents or employees.
VII.
This agreement is effective July 1, 1991, is ongoing and may be modified by mutual
agreement of the parties. This agreement shall be terminable by either party upon thirty
(30) days written notice.
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WHITMORE, JOOH}}NS N & BOLANOS CLIENT
By Ile By
CTT TTOF
Dated �}-f/y Dated����/
IN
PUBLIC AGENCY FEE SCHEDULE,
(Hourly Rates)
Partners $145.00 - 195.00
Associates $110.00 - 155.00
Graduate Legal Assistants $70.00
Law Clerks $50.00
Paralegals $50.00