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 { _