HomeMy WebLinkAboutResolution No. 6258 (William Bullard Agreement)RESOLUTION NO. 6258
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
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
WILLIAM T. BULLARD, JR. FOR LEGAL SERVICES COMMENCING
MARCH 1, 1982 AND TERMINATING JUNE 30, 1982
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 intro-
duced and adopted at a regular meeting of the City Council of said
City held on Mondav 'the sixteenth day of February ,
19 82 , by the following vote, to wit:
AYES: COUNCILMEMBERS:Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:Miskimen
JEW5. LEONCINI, City Clerk
AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT is made and entered into by and between the City
of San Rafael, a municipal corporation ("City" hereafter), and
William T. Bullard, Jr. ("Bullard" hereafter) through the firm of
Bullard & Paganucci, and is executed in connection with the following
facts:
A. City desires to contract for the services of Bullard,
through the firm of Bullard & Paganucci, to serve as
Contract Attorney and to provide legal services for the
City, its elected and appointed officers and employees, all
on the terms and conditions hereinafter stated.
B. Bullard is an attorney at law licensed to practice in
the State of California, and is a partner of the law firm
of Bullard & Paganucci, which attorney and law firm are
prepared to provide legal services to City as specified
herein.
IT IS THEREFORE AGREED by and between the parties hereto as
f of lows:
1. Retention as Contract Attorney. Bullard is hereby retained
as Contract Attorney for City.
2. Duties of Contract Attorney. The Contract Attorney and
his firm shall assist the elected and appointed officials
and employees in the performance of their duties and shall
act in the absence of the City Attorney for any cause, as
directed by the City Council or City Manager.
3. Independent Contractor's Status. It is understood that
this Agreement establishes an Independent Contractor's
status only, and is not an employer/employee relationship
with City. Accordingly, the compensation provided for
herein to be paid by City shall not be subject to contri-
butions or withholding with respect to Retirement, Social
Security, Income Tax, and the like.
4. Duties of Contract Attornev. The duties of the Contract
Attorney shall include each of the following:
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a. Attendance at Meetings. The Contract Attorney shall
be responsible for attending the regular meetings of
the City Council and Redevelopment Agency held twice
each month. The Contract Attorney and/or his firm
shall meet with the City Manager and/or members of the
City .Staff at the City Hall for up to eight (8) hours
each week at a time designated by the City Manager, the
purpose of which meetings will be to discuss matters
involving legal issues or problems having to do with
the business of the City. Said staff meetings shall be
scheduled as mutually convenient.
b. Legal Proceedings. The Contract Attorney shall
represent the City in legal proceedings as authorized
by the City Council, except for those matters in which
the City Attorney shall represent the City or where a
conflict of interest exists, or where the requirement
of some specialized legal expertise makes such repre-
sentation inappropriate.
C. Other Duties. In addition, the Contract Attorney
shall have such other and further duties as are normally
performed by City Attorneys and as may be assigned to
him by the City Council or City Manager.
5. Compensation. The compensation of the Contract Attorney
shall be as set forth below:
a. Monthly Retainer. The Contract Attorney shall receive
a Monthly Retainer from City in the sum of $3.510.00
together with any additional compensation as provided
herein, all of which shall be payable at the end of
each month upon receipt by City of an itemized fee
statement from the Contract Attorney. Said Monthly
Retainer shall cover those services referred to in
paragraphs 4(a) and 5(f) of this Agreement, up to a
total of fifty-four (54) hours a month. To the extent
that the collective time of the Contract Attorney and
other members of the law firm of the Contract Attorney
exceeds fifty-four (54) hours in any one month, Contract
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Attorney shall be entitled to additional compensation
from City at the rate of $65.00 per hour. Additional
hours over the stated fifty-four (54) hour Monthly
Retainer shall be contracted only with the prior
approval of the City Manager.
b. Overhead. Except as herein otherwise expressly
provided, the Contract Attorney shall pay for his own
overhead expenses and for othre members of his law
firm.
C. Telephone Calls. The Contract Attorney shall make no
charge for telephone calls to and from the Mayor,
members of the City Council, City Manager or Department
heads.
d. Time and Costs Record. The Contract Attorney shall
maintain careful and accurate records of all time spent
by him and by other members of the law firm of the
Contract Attorney, and of all reimbursable costs
advanced by the firm in connection with City. The
Contract Attorney shall render monthly statements to
the City reflecting the services rendered, the hours
spent, the costs advanced, and amount of compensation
he is entitled -to receive from City for the period
under consideration. Books of account and the time
records of the Contract Attorney and other members of
the law firm of the Contract Attorney, pertaining to
business transacted for the City, shall be open to
audit by the Finance Director or City Manager upon
request of the City Council.
6. Period of Contract. This Agreement shall commence
March 1, 1982, and shall run through June 30, 1982, or
until that date upon which a new Assistant City Attorney
commences work for the City of San Rafael, whichever occurs
first. Nothing herein, however, shall preclude the City
Council from terminating the services of the Contract
Attorney at any time, either with or without cause, subject
only to thirty (30) days advance notice of writing.
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7. Supersedes any Prior Agreement. This Agreement shall
replace and supersede any and all prior agreements,
contracts, arrangements or understandings between the
parties.
City of San Rafael,
a municipal corporation
Contract Attorney
_ #
By:-nh�1 '
yor William T. Bullard, Jr.
Attest:_ r
U�City Clerk
18 A/4
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