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HomeMy WebLinkAboutCC Resolution 8306 (Outside Legal Counsel)RESOLUTION NO. 8306 RESOLUTION AUTHORIZING THE EXECUTION OF AGREE- MENT WITH ATTORNEY ASSISTANCE FOR THE SERVICES OF OUTSIDE LEGAL COUNSEL TO REPRESENT THE SAN RAFAEL POLICE DEPARTMENT IN U.S. TAX COURT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: WHEREAS, the San Rafael Police Department requires the services of an attorney certified to practice in the U.S. Tax Court; and WHEREAS, neither the San Rafael City Attorney nor the Assistant City Attorney is certified to practice in U.S. Tax Court; and WHEREAS, Attorney Assistant is a lawyer's referral agency which supplies experienced attorneys to firms in need of temporary and/or long-term legal assistance; and WHEREAS, Attorney Assistant has referred to the City Attorney's Office, the name of an attorney who is experienced in the practice of tax law and certified to practice in the U.S. Tax Court. NOW, THEREFORE, BE IT RESOLVED that the MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael an agreement with Attorney Assistance providing the services of an attorney to represent the Police Department in a legal matter. A copy of the 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 Third day of December, 1990, by the following vote, to wit; AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & PRayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEA M. LEONCINI City Jerk 11 R �G9��06 6 1 � ATTORNEY ASSISTANCE AGREEMENT FOR SERVICES This agreement for services ("Agreement") is entered into by and between ATTORNEY ASSISTANCE and City of San Rafael City Attorney Office (hereinafter referred to as "Firm") based upon the following terms and conditions: 1. SERVICES: ATTORNEY ASSISTANCE supplies experienced attorneys to Firms in need of temporary and/or long-term legal assistance. (The reference to "Firms" in this Agreement includes, but is not limited to, any office, law firm, sole practitioner or other business entity to whom ATTORNEY ASSISTANCE recommends and/or introduces attorneys pursuant to this Agreement). Firm desires to use the services of ATTORNEY ASSISTANCE in assisting them to locate temporary and/or long-term legal assistance and to do so pursuant to the terms and conditions of this Agreement. (The reference to "Attorney(s)" in this Agreement shall refer to any attorney referred to Firm by ATTORNEY ASSISTANCE). 2. INDEPENDENT CONTRACTOR STATUS: Firm understands and acknowledges the independent contractor status of Attorneys referred to it by ATTORNEY ASSISTANCE and agrees to maintain said relationship. Firm further understands and agrees that as an independent contractor, Attorney -shall have sole control over the timing, manner and means that he/she performs his/her work for Firm and rtay, so long as it does not impair and/or otherwise conflict with the work performed for Firm, perform other work, legal or non -legal, concurrent with his/her performance of work for Firm. 3 INTERVIEW OF ATTORNEY: Firm understands and agrees that the ultimate decision to utilize the services of an independent contract Attorney referred to it by ATTORNEY ASSISTANCE is within its sole judgment and discretion and that ATTORNEY ASSISTANCE encourages, but does not require, that Firm meet, in advance, with any prospective contract Attorney so as to evaluate, among other things, the Attorney's qualifications and ability to achieve the end result desired by Firm. 4. COMPENSATION: In consideration for the services rendered by ATTORNEY ASSISTANCE, Firm agrees to pay to ATTORNEY ASSISTANCE an hourly rate for each Attorney referred to Firm by ATTORNEY ASSISTANCE, said sum to be agreed upon in advance, confirmed in Addendum to this Agreement and made an integral part hereof. Firm agrees not to discuss compensation with Attorney. ATTORNEY ASSISTANCE will invoice Firm bi-monthly. All invoices will be accompanied by a verification of hours worked, signed by both Attorney and an authorized representative of Firm. Firm acknowledges and agrees that bills sent to them by ATTORNEY ASSISTANCE shall be due and payable upon recei t by Firm, and that interest at the rate of 10% per annum w H1 begin to accrue from said date if payment is not received within thirty (30) days thereof. Furthermore, Firm agrees to pay to ATTORNEY ASSISTANCE $25.00 for each and every dishonored bank check. 5. EXPENSE REIMBURSEMENT: Expense reimbursement, if any, for expenses incurred by Attorneys, the services of which are retained by Firm pursuant to this Agreement, are to be handled directly between Firm and Attorney. It is up to Firm to advise Attorney, in advance, which expenses, if any, will be reimbursed and how often requests for reimbursement are to be made. Firm understands and agrees that ATTORNEY ASSISTANCE will have no involvement whatsoever in the reimbursement and/or negotiation of the reimbursement of expenses incurred by an Attorney working for Firm pursuant to this Agreement. 6. UTILIZATION OF ATTORNEY: Firm understands and acknowledges that ATTORNEY ASSISTANCE is the exclusive agent of Attorneys introduced to Firm pursuant to this Agreement and that should Firm desire to, in any ay, utilize the services of said Attorneys at any time within twelve (12) months from the referral of an Attorney to Firm or the last day said Attorney worked for Firm, whichever is later, Firm shall only be permitted to do so by and through ATTORNEY ASSISTANCE and pursuant to the terms and conditions of this Agreement and/or any written addendum hereto. 7. DIRECT EMPLOYMENT OF ATTORNEY/FEE: Should Firm desire to hire, engage, utilize, or employ, whether on a full-time or part-time basis, any Attorney referred to Firm by ATTORNEY ASSISTANCE, other than through ATTORNEY ASSISTANCE, at any time within twelve (12) months of Attorney's -2- introduction to Firm by ATTORNEY ASSISTANCE or the last day Attorney worked for Firm, whichever is later, Firm agrees to pay to ATTORNEY ASSISTANCE a fee representing twenty percent (20%) of the sum arrived at by multiplying 2,080 times the original hourly rate Firm was to pay/paid to ATTORNEY ASSISTANCE, as applicable, to use Attorney's services. Said fee shall be reduced to ten percent (10%) after Attorney has worked for Firm on a regular basis (not less than thirty-two (32) hours a month) for a period of six (6) months, whether on a full-time or part-time basis. B. LIMIT OF LIABILITY: ATTORNEY ASSISTANCE agrees to have met in advance with and received from Attorney introduced to Firm, Attorney's education and employment history and to supply said information to Firm upon request. ATTORNEY ASSISTANCE does not, however, warrant the accuracy of information supplied to it by Attorneys referred to Firm. Firm understands and agrees that the decision to utilize the services of an Attorney referred to it by ATTORNEY ASSISTANCE is within the sole and independent judgment and discretion of Firm and further agrees to indemnify, defend and hold harmless ATTORNEY ASSISTANCE from any and all claims, losses, damages or liability, of any kind or nature, arising from the actions, omissions, misrepresentations, negligence or other conduct of any Attorney the services of which were retained by Firm pursuant to this Agreement, including but not limited to, any information Attorney supplied to ATTORNEY ASSISTANCE/Firm regarding Attorney's education and employment history and Attorney's work for Firm. 9. TERMINATION OF AGREEMENT: This Agreement may be terminated by either party hereto by giving the other party one (1) week's written notice. Firm shall, however, retain the right to discontinue the use of an Attorney referred to it by ATTORNEY ASSISTANCE without prior notice. Automatic termination of this Agreement will result on the occurrence of any of the following events: (a) Bankruptcy, dissolution, or insolvency of either party to this Agreement; or (b) Assignment of this Agreement and/or the duties created hereunder by either party without the express written consent of the other party. Firm understands and agrees that their obligations and duties under this Agreement shall survive termination of this Agreement. -3- 10. ASSIGNMENT: This Agreement shall be binding on and enure to the benefit of the respective heirs, successors, administrators, executors, representatives, and/or assigns of the parties hereto. Firm shall, however, not be permitted to assign this Agreement or any rights, duties or obligations hereunder without the express written consent of ATTORNEY ASSISTANCE. 11. PARTIAL INVALIDITY: In the event that one or more of the provisions of this Agreement should, for any reason, be held to be invalid, void or unenforceable by a court of competent jurisdiction, the remaining provisions shall nevertheless continue in full force and effect. 12. ENTIRE AGREEMENT: This Agreement represents the entire parties hereto and supersedes any and all understandings heretofore entered into by Any modification of this Agreement must be executed by both of the parties hereto. 13. NOTICES: Agreement between the agreements and and among the parties. in writing and Any notices to be given under this Agreement shall be made in writing by either personal delivery or registered or certified mail, postage prepaid, return receipt requested. Notices given by mail shall be addressed as follows: Attorney Assistance: ATTORNEY ASSISTANCE P. O. Box 210555 San Francisco, CA 94121-9991 Firm: City Attorney's Office City of San Rafael 1400 Fifth Ave. Tel # 485-3080 San Rafael, CA. 94915 Fax # 459-2242 A change in address by either party to this Agreement is to be communicated to the other party as provided herein. Notices delivered in person will be deemed communicated upon receipt while mailed notices will be deemed communicated as of three (3) days after mailing. -4- 14. ATTORNEY'S FEES: If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to the recovery of reasonable attorney's fees in addition to any other relief that party may be entitled to. 15. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of California. Executed this 30 day of November 1 19 90 AT ORNEY ASSIST CE: By: Werner S. Lewin, r. President Firm By: Tessie Belue, Esq. sst. City Atty San Rafael City Attorney's Office B Pamela Nicoi City Manager City of San Rafael -5- V ' V ATTORNEY AssIsTA.TGE 3 ADDENDUM TO AGREEMENT FOR SERVICES This Addendum is entered into by and between ATTORNEY ASSISTANCE and San Rafael City Attorney's Office ("Firm") as called for by paragraph 4 of the parties agreement For Services ("Agreement") dated 11/30/90 Pursuant to paragraph 4 of the Agreement,Firm has agreed to pay to ATTORNEY ASSISTANCE an hourly rate for the legal services of Attorneys introduced to Firm by ATTORNEY ASSIS- TANCE. This Addendum sets forth the hourly fee Firm has agreed to pay to ATTORNEY ASSISTANCE for the services of Mr. Steven E. Elias, Esq. . Firm hereby agrees to pay to ATTORNEY ASSISTANCE the sum of Seventy Five Dollars * ($ 75.00 ) per hour for the legal servies of the above -identified independent contrac- tor pursuant to the terms and conditions of the Agreement. Executed this 30th day of November 19 90 Firm B y• ��v�c -� 6� Tessie Belue, Esq. Asst. City Attorney Ci of San Rafael AT ORNEY ASSISTANCEn n as S. Werner S. Lewin, Principal Approved: By • 4AIIA.f(�1'ew�- Pamela Nicolai. City Manager - City of San Rafael Subject to increase after 1/1/91.