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HomeMy WebLinkAboutResolution 132-86 RESOLUTION NO 132-86 *AM*,: RESOLUTION OF THE ATASCADERO CITY COUNCIL ENGAGING JEFFREY G JORGENSEN AS CITY ATTORNEY WHEREAS, Section 2-5 01 of the Atascadero Municipal Code provides that the City of Atascadero shall hire a City Attorney; and WHEREAS , the City has conducted an extensive search and recruitment for a Contract City Attorney; and WHEREAS , the City Council has interviewed responding Attorney proposals for the position of Contract City Attorney NOW, THEREFORE, the City Council of the City of Atascadero hereby authorizes the Mayor to enter into the attached Agreement with JEFFREY G JORGENSEN, Attorney at Law, as City Attorney for the City of Atascadero On Motion by Councilmember Norris and seconded by Councilmember Borgeson , the following Resolution is hereby adopted in its entirety on the following vote AYES Councilmembers Borgeson, Norris and Mayor PZackey NOES Councilmembers Handshy and Molina ABSENT None DATE ADOPTED 11/24/86 ATTEST CITY OF ATASCADERO, CALIFORNIA BY BOYD C SHARITZ , Cid Clerk MARJORIF" "MACKEY, Mayor APPROVED AS TO CONTENT J MICHAEL SHELTON, City Manager AGREEMENT FOR LEGAL SERVICES OF CITY ATTORNEY THIS AGREEMENT is made and entered into between the City of Atascadero , a Municipal Corporation, Post Office Box 747 , Atascadero , California, 93423 , hereinafter called "City" and Jeffrey G Jorgensen, Attorney at Law, 1135 Osos Street , Suite A, Post Office Box 910 , San Luis Obispo, California, 93406 , hereinafter called "Attorney" In consideration of the hiring by City of Attorney as City Attorney of Atascadero, the parties hereto agree as follows 1 Services of Attorney City hereby employs Attorney to render legal services as City Attorney in accordance with the provisions of §2-5 01 through §2-5_. 02 of the Atascadero Municipal Code 1%WW 2 Time of Performance Performance of the services hereunder by Attorney will commence upon December 1, 1986, and shall continue at the pleasure of the City Council. This agreement may be terminated by either party upon the giving of not less than 60 days advance written notice 3 Compensation For rendering .legal services Attorney shall be compensated as follows W Attorney shall provide 20 hours per month to the City of Atascadero, for which Attorney shall receive a minimum basic monthly Retainer Fee of -1- $1, 600. Attorney shall be required to attend two regular City Council Meetings , as well as two Staff Agenda Preparation M-etings The basic monthly Retainer Fee shall be paid on the first day- of the month for which the -fee applies (b) Attorney shall be compensated for all non- litigation services beyond twenty hours per month at the rate of $80 00 per hour (c) Attorney shall be compensated by City at the rate of $95 00 per hour for all Court appearances including all appeals on behalf of or in defense of the City (d) Attorney shall be reimbursed for all out-of- I%r pocket expenses incurred directly as a result of rendering legal services provided for in this Agreement , to include such costs as Court filing fees , mileage to and from Court, long distance telephone calls , photocopying charges and similar out-of-pocket items incurred in the performance of duties as City Attorney. Attorney shall further be compensated for travel time to meetings other than regularly scheduled meetings at 1/2 Attornev' s normal hourly rate. 4 Insurance Attorney shall at Attorney' s expense , take out and maintain during the term of this Agreement the following -2- types and amounts of insurance insuring Attorney err Professional Liability Insurance providing coverage on a claims made basis for an amount of not less than one million dollars for each occurrence Attorney shall provide at the request of City, a Certificate or Certificates of Insurance issued by the Insurance Carrier with an endorsement precluding the cancellation or reduction in coverage of any policy prior to expiration of thirty days after City shall have received notification by registered or certified mail from the Insurance Carrier 5 Authorized Designate Attorney agrees to designate a suitable alternate or alternates during those periods of time that Attorney is unavailable for service to the City, subject to the VAW approval of the Atascadero City Council 6 Relationship with the Parties It is understood that the relationship of Attorney to City is that of an Independant Contractor and not an employee, and that Attorney is not entitled to any benefits otherwise entitled to an employee of the City IN WITNESS WHEREOF , the parties hereto have executed this Agreement on this h day of November, 1986 CITY OF ATASCADERO , a Municipal Corporation ATTORNEY BY BY f�5' �^c X- r _��if t% / BY MAP.JORiE MACKEY, Mayor iEfhEY OR NSEN , At`'torn y La )4W BY �T BOYD SHARITZ , City Clerk -3-