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HomeMy WebLinkAboutCC Resolution 4194RESOLUTION NO. 4194 A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San RAfael a lease or agreement with Contract for Legal Services - Redevelopment Assistance a copy of which is hereby attached and by this reference made a part hereof. I, MARION A. GRADY, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and re- gularly introduced and adopted at a regular meeting of the Council of said City held on MnndaY the 17th day of April ,19 72 by the following vote, to - wit: AYES: COUNCILMEN: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None MARION A. GRADY City Clerk CONTRACT FOR LEGAL SELITTCES - 1REDE%'ELOPMENT ASSISTANCE THIS AGREE %ENT entered into as of this 171.� day of/ 1972, by and between! the City of San Rafael (hereinafter �feried� to as "City") and GOLDFAIM & OWENS, a partnership engaged in the practice of lai., ,in the City of Oakland, State of California (herein - after referred to as "Contractor") . RECITALS: 1. It is the findi.n of the City Council of the City of San Rafael that certain- areas within the corporate limits of the City are in nee,} of redevelopment under the Community Redeveloprlelht Law of the State of California. 2. City desires to engage the Contractor to render certain legal advice and aSsistance in connection with such undertakings of the City. NOW, THEREFORE., tLe parties do mutually agree as follows: 1. Scope_ of Service. The Contractor shall perform, but only as requestecl by C1�. L ie legal services as indicated herein. (a) LecFal services iIh reference to the forlaation of _ a redevelopmentaEencV under t1 -!e Corin,uniLv Redevelopment Law- Such services Shall be wit}I respect to the r encterinQ of general legal advice and assistance in connection t;ith the establish?lent of su :h a redevelopment agency. Services to be performed under this contract )iiay include, but are not limited to. (1) rendering of general legal advice and assistalhcr-, with respect to redevelopment and consultation with the City, its officers and emI_>loyees, and in connection therewith, a) the furnishing of smitten legal opinions, b) the drafting and preparation_ of necessary legal documents, c) the review and approval of various actions undertaken by the City with respect to redevelopment, d) the reviei�r of various legal documents used by the City or by the agency formed for redevel- opment purposes-, e) the attendance at such meetings and con- ferences as requested by the City with respect thereto. (b) Legal services in connection, u . with the preparation, adop- tion and exec_tia _n of are evc`lopmentplan or plans. Such services may include, but not be limited to: (1) assistance in drafting of redevelopment plans; (2) legal rovieiv, and approval of such plan:,; - (3) the preparation of written legal. opinions with respect thereto and local approval therc-_4f; (4) representation of the City and./or its redevelopment agency at ptibli.c heariligs ail -a' other meetings held or called by the Ci,. -_-Y or its agencl- or Other public bodies 1•Ji-;:h res�)O ct to the I,larLs , _7_ Cc) Direct project services. Services to be performed under this Contract may also include, '(1) rendering of legal advice and assistance, and consultation with the City, its off..i.cers and employees; (2.) furnishing of written legal opinions and drafting and preparation of necessary legal documents; (3) legal reviei-i and approval of actions proposed to be undertaken, by the City and review and approval of various documents proposed for use by the City; and (4) attendance at such m,eOtj.Ilgs and Conferences as are necessary, all with respect to, but not limited to, the following: (1) Acquisition of laud by direct purchase. (2) Disposition by.sale, lease or retention of project land. (3) Legal. and collection expenses incurred in connection with operation of acquired. property. (4) Legal Services in connection with demolition, clearance or removal_ of buildings and improvements. (5) Legal Services in connection with the installation, construction or reconstruction of streets, utilities, and other site improvements. (6) Any and all other legal services that the City may deem necessary and request during the etccutio;l stage of such Project.. (d) General Legal_ Counsel_. STEVEN H. GOLDrARIB, (of Contractor) , shall. act as general legal counsel and shall supervise any Litigation in which the City may become involved and, upon direction, of the City, shall appear for and represent it in connection with such litigation, and shall further supervise and coordinate all legal services furnished to the City in connection with all. of its activities. 2. Time of Performance. The services of Contractor are to commence upon the execration of this Agreement and shall be under- taken and completed in such sequence as to ensure their expeditious completion in light of the purposes of this Contract. 3. Compensation, Reimbursement and 14ethods of Payment. The City will pay the Contractor monthly for services performed Here- under as follows: (a) Compensation. The City will pay the Contractor monthly for services performed�hereur_der: (1) for all. services at the rate of $50.00 per hour, the aforesaid rate to be prorated accordingly subject to tie receipt by the City from the Contractor of an appropriate statement speciiyina, file number 0- hours spent Zdith res-oect to legal services performied under this Contract. City will pay said sum to Contractor wJ thin thirty (30) days of receipt of Contractor's statement. -2- (b) Reimioursemiep", In addition to the compensation provided above, the City will -reimburse the Contractor monthly for the following expenses: (1) Travel and subsistence expenses, authorized by the City in connection i•:ith the performance of the Contractor's services pursuant to this Contract outside the City of San Rafael, California, based upon the actual cost of his transportation by common carrier, or the sum of $.10 per mile if the travel is performed by privately - owned. autoi-,iobi.le, and not to exceed $40.00 per day for actual subsistence e:-qDense supported. by detailed records. However, no reimbursement shall be made to Contractor for expenses in relation to its travel between Oakland, California., and the City of San Rafael, (2) Such filing costs, witness fees, long distance telephone calls or telegrams, expenses of service of proces_, and other similar costs relating to such legal Z:pservices and generally chargeable to a client,, provided, however, such expenses shall not include normal operating expenses. (c) Maximum Char?es . It is expressly understood and agreed that in no event ti:,ill the total compensation exclusive of reimbu,.•sement, for all services rendered exceed the sum of Six Thousand Dollars ($6,000) without written authority from the City so autl oiizing further expenditures. IN IVIT.NESS WHEREOF, the City anal the Contractor h. ve ex;:cuted this Agreement as of the date first above written. ATTEST: MARION A. GRADY, City Clerk CITY OF SA;tiT RAFAEL -�- By { _