HomeMy WebLinkAboutCC Resolution 10219 (Dominican College Development Project)RESOLUTION NO. 10219
RESOLUTION AUTHORIZING EXECUTION OF AN
AGREEMENT WITH LESLIE A. THOMSEN,
ATTORNEY, AS THE CITY'S SUBSTITUTE SPECIAL
COUNSEL IN CONNECTION WITH THE
DEVELOPMENT APPROVAL PROCESS FOR THE
DOMINICAN COLLEGE DEVELOPMENT PROJECT
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, an Agreement with Leslie A. Thomsen, as the City's substitute special counsel in
connection with the development approval process for the Dominican College Project. A copy of
this Agreement 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 introduced and adopted at a regular meeting of the City
Council of said City held on Monday, the 15` day of June, 1998, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Phillips
jE M. LEONtINI, City Clerk
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AGREEMENT FOR LEGAL SERVICES
This Agreement is made and entered into by and between the
City of San Rafael ("City") and Leslie A. Thomsen ("Attorney").
WHEREAS, City wishes to retain Attorney to provide legal
representation relating to certain environmental and other
processes concerning a project commonly known as the Dominican
College Master Plan Project ("Project"); and
WHEREAS City and Attorney wish to establish the terms and
conditions for the provision of the legal services described
above,
IT IS MUTUALLY AGREED AS FOLLOWS:
1. Leaal Services.
Attorney will represent and advise City in all matters
relating to the environmental studies and public hearing
processes concerning the Project. Should additional legal
services be needed, City and Attorney may make a new agreement or
amend this Agreement.
2. Compensation.
City will pay the sum of $135.00 an hour for work performed
by Attorney. Work performed by research attorneys, if any, will
be paid at the rate of $100.00 per hour. Work performed by law
clerks and/or paralegals, if any, will be paid at the rate of
$65.00 per hour.
Attorney will be paid customary costs and disbursements, as
incurred at actual cost, including but not limited to all third -
party expenses, copying (at $.OS per page), fax (at $1.00 per
page), long distance telephone, messenger services, and, if
necessary, on-line computer research charges. Amounts under
$100.00 will be paid directly by Attorney and included on monthly
bills to City. Larger amounts will be forwarded to City for
direct payment.
Fees and costs will be billed monthly, in a format that
details time or cost, description and party performing services,
if other than Attorney. City agrees to pay Attorney within 30
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days of receipt of each bill. Amounts outstanding more than 30
days may be subject to interest at 1% per month.
3. Indenendent Contractor.
It is agreed that Attorney, in the peformance of the
services to be performed hereunder, will act as an independent
contractor and will not be considered an employee of City.
4. Assicmability.
The parties agree that the expertise and experience of
Attorney are material considerations for this Agreement.
Attorney shall not assign or transfer any interest in this
Agreement nor the performance of any of Attorney's obligations
except as provided in Paragraph 1 above, or except as otherwise
agreed in writing by Attorney and City.
5. Nondiscrimination.
Attorney will not discriminate in any way against any person
on the basis of age, sex, race, color, creed or national origin
in connection with the performance of this Agreement.
6. Termination.
Either City or Attorney will have the right to terminate
this Agreement without cause by giving thirty (30) days' written
notie of such termination. In such event, Attorney shall be paid
to the actual cessation of work for services provided under this
Agreement, provided no payment for work performed after the 30th
day following such written notice, absent separate written
authorization therefor.
In the event of termination, Attorney will deliver to City
copies of all reports, documents and other work performed by
Attorney under this Agreement.
If Attorney fails to peform any of her duties under this
Agremeent, in addition to all other remedies provided by law,
City may terminate this Agreement for such cause, immediately.
7. Governina Law.
The law of the State of California shall govern this
Agreement.
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8. Notices.
All notices and other communications required or permitted
to be given under this Agreement shall be in writing and
personally delivered or mailed, postage prepaid and return
receipt requested, addressed to the respective parties as
follows:
CITY: City Clerk
CITY OF SAN RAFAEL
1400 Fifth Street
San Rafael, California 94915-1560
ATTORNEY: Leslie A. Thomsen
Attorney at Law
post Office Box 960
Fairfax, California 94978-0960
Notices will be deemed effective on the date personally
delivered, or, if mailed, three days after deposit in the mail.
9. Aareement.
This Agreement represents the total agreement between the
parties hereto. It shall not be amended except by agreement in
writing, signed by the parties.
10. Effective date.
The effective date f this
DATED:
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ALBEP J. Mayor'
DATED: June 1, 1998
DATED: May 19, 1998
ATTEST:
E M. LEOCI I, City CTer
agreement is May 15, 1998.
CITY OF SAN (APPROVED AS TO FORM)
By
Tit=3'e: ssi a}a't City Attorney
a, a'n�'L—
Leslie A. Thomsen
Attorney at Law
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