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HomeMy WebLinkAboutResolution No. 10-7214 - Charles Vose Interim City AttorneyRESOLUTION NO. 10-7214 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPOINTING CHARLES S. VOSE INTERIM CITY ATTORNEY. INTERIM GENERAL COUNSEL FOR THE COMMUNITY DEVELOPMENT COMMISSION AND APPROVING AN AGREEMENT. THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS : SECTION 1. That Charles S. Vose is hereby appointed Interim City Attorney for the City of Downey and Interim General Counsel for the Community Development Commission, for a period not to exceed three months. The Agreement for services between the City of Downey and Charles S. Vose, attached hereto as Exhibit “A“ and by this reference incorporated herein, is hereby approved . SECTION 2. Said Agreement provides for legal services as Interim City Attorney and Interim General Counsel retro active to August 1 , 2010 and the termination of the Agreement for Professional Services dated August 2, 2010. SECTION 3.The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 10th day of August, 2010. bbq b dA o ATTEST: KATHLEEN L. MIDSTOKKE, City Clerk I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Downey at a regular meeting thereof held on the 10th day of August, 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN : Council Members: Gafin, Guerra, Marquez, Mayor Bayer Council Member: None Council Member: Brossmer Council Member: None %M/zaP mAM KATHLEEN L. MIDSTOKKE, City Clerk RESOLUTION NO. 10-7214 PAGE TWO EXHIBIT A AGREEMENT FOR INTERIM CITY ATTORNEY AND GENERAL COUNSEL TO THE COMMUNITY DEVELOPMENT COMMISSION BETWEEN THE CITY OF DOWNEY AND CHARLES S. VOSE. THIS AGREEMENT is made this 10th day of AUGUST, 2010 by and between CITY OF DOWNEY, a California municipal corporation (hereinafter referred to as “CITY”) and CHARLES S. VOSE, Attorney at Law (hereinafter referred to as “CONTRACTOR”). RECITALS CITY currently has an agreement dated August 2, 2010, with CHARLES S. VOSE as a legal consultant; and; CITY desires to retain the services of CHARLES S. VOSE as the Interim City Attorney and as Community Development Commission Interim General Counsel; and The parties desire by this Agreement to provide the terms and conditions of the retainer and to memorialize understandings between the parties. NOW THEREFORE, THE PARTIES AGREE: 1. Services. CITY hereby retains CHARLES S. VOSE, CONTRACTOR as Interim City Attorney to perform the functions and duties set forth in Section 703 of the Charter for the City of Downey, as well as such other functions and duties as City Council or City Manager may from time to time assign. 2. Best Efforts. CONTRACTOR hereby agrees to perform such functions and duties on a part-time basis, to the best of his ability, and in an efficient and competent rnanner. 3. Appointment of Interim City Attorney. Effective retro actively to August 1 , 2010, CHARLES S. VOSE shall serve as Interim City Attorney and Community Development Commission Interim General Counsel. As Interim City Attorney CONTRACTOR shall perform such legal services as may be required from time to time by CITY and its officers, and shall be responsible for the preparation and review of all CITY ordinances and resolutions, together with agreements, deeds and other legal documents requested by CITY. CONTRACTOR shall render legal advice and opinions to the City Council as requested on all matters affecting CITY. CONTRACTOR shall advise boards and commissions, and the personnel of CITY, as directed by the City Council or the City Manager, and shall be available in City Hall for meetings and consultation. CONTRACTOR will recommend, subject to the approval of the City Council, such attorneys to provide supporting legal services to the CITY as required. RESOLUTION NO. 10-7214 PAGE :TEREE 4. General Services for Community Development Commission. As Community Development Commission Interim General Counsel CONTRACTOR shall perform such legal services as may be required from time to time by the Commission and its officers, and shall be responsible for the preparation and review of all agreements, deeds and other legal documents requested by Commission. The Commission General Counsel shall render legal advice and opinions to the Commission as requested on all matters affecting the Commission. 5. Hours of Work. CHARLES S. VOSE shall be a part-time contractor of the CITY. It is recognized that CONTRACTOR must devote a great deal of time outside the normal office hours to the business of the City, and to that end, CONTRACTOR will be allowed to adjust his work schedule as deemed appropriate to accomplish the CITY’s business with the approval of the City Manager. 6. Compensation. CONTRACTOR shall be paid a monthly retainer in the amount of $9,000 for the following services: (a) Attendance at each regularly scheduled City Council Meeting (2nd and 4th Tuesday of each month), attendance at each regularly scheduled Planning Commission Meeting (1 st and 3rd Wednesday of each month). (b) Meeting and conferring with staff/council during regular office hours on each Wednesday of the month from 9:00 am to 5:00 pm. (c) Eight additional office hours per week to be scheduled with the approval of the City Manager.I Additional Legal Services. Above the retainer Legal Services set forth above, legal services will be provided at the hourly rate of $175.00. These services may include routine legal advice, consultation, and opinions to the City Council and Staff; assistance in the preparation and review of ordinances, agreements, contracts and related documents, forms, notices, certificates, deeds, and other documents required by the City; rendering of legal advice and opinions concerning legal matters that affect the City, including new legislation and court decisions; coordinating the work of outside legal counsel as needed; and other legal services as directed by the City Council and/or City Manager. 7. Office/Library/Expense reimbursement. CITY shall pay for the cost of books, literature, legal software, and other materials necessary to maintain an adequate legal office at City Hall as CITY deems appropriate in its discretion. In addition, CITY shall pay or reimburse Contractor for reasonable job-related expenses consistent with adopted CITY policies and as are submitted to the City Council for approval. These shall include, but not be limited to: cell phone use, mileage other than to City Hall, copying, faxing and Internet use. 2 KESULU-J- I_ON NO PAGE FOU4 IU-/214 8. Indemnification. CITY shall defend, save harmless and indemnify CONTRACTOR against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of any alleged act or commission occurring within the course and scope of performance of Contractors duties as set forth in this Agreement, in accordance with and subject to such conditions set forth in State law 9. Term of Agreement. This agreement shall terminate within three (3) months of the date first written above, unless otherwise extended by mutual agreement, or terminated by either party with ten (10) days written notice. 10. Prior Aqreement. The Professional Services Agreement entered into August 2, 2010 between the CITY and CHARLES S. VOSE for legal consulting is hereby cancelled and is null and void in its entirety. 11. California Law. This Agreement is drawn to be effective in and shall be construed in accordance with the laws of the State of California. This agreement shall be effective as of August 1, 2010. If any provision or any portion hereof contained in this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of this Agreement or portion thereof shall be deemed severable and shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this agreement as of the date first written above. CITY OF DOWNEY, a municipal corporation ATTEST: KATHLEEN L. MIDSTOKKE, City Clerk CONTRACTOR ~: rAL,P L/b. CHARLES S. VOSE, Interim City Attorney 3