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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: -I- 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 - 2 - 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. - 3 - 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 4