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HomeMy WebLinkAbout065-85BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE IN THE MATTER OF Renewing and Extending Contractual Services for the City Attorney RESOLUTION NO. 65-85 WHEREAS, On July 1, 1982, the City Council adopted Resolution No. 4-82, appointing the City Attorney and fixing the terms and conditions for his services, and WHEREAS, the appointment did not provide for a specific term, but it is the policy of this Council to periodically review contractual arrangements for professional services, and WHEREAS, Charles J. Williams has agreed to continue to provide professional legal services to the City of Danville upon the terms and conditions set forth in Exhibit "A", NOW, THEREFORE, BE IT RESOLVED that the City of Danville retains the firm of Williams, Caploe & Robbins to provide City Attorney services effective July 1, 1985 upon the terms and conditions set forth in Exhibit "A" attached to this resolution. Charles J. Williams is designated City Attorney and in his absence his duties shall be performed by his associates Judith A. Robbin and Fred Caploe in respective order of individual availability. PASSED, ADOPTED AND APPROVED by the City Council of the City of Danville on August 5, 1985 by the following vote: AYES: Lane, May, McNeely, Offenhartz, Schlendorf NOES: None ABSTAIN: None ABSENT: None MAYOR x~ EXHIBIT "A" DEFINING CITY ATTORNEY SERVICES AND COMPENSATION TO RESOLUTION NO. 65-85 OF THE CITY COUNCIL OF THE CITY OF DANVILLE I. Description of Services A. Attendance at Meetings 1. City Council The City Attorney shall confer with the City Manager in advance of each City Council meeting concerning the agenda and shall determine whether or not his attendance is required. 2. Planning Commission The City Attorney shall confer with the City Manager or his designee in advance of each Planning Commission meeting concerning the agenda and shall determine whether or not his attendance is required. 3. Other Commissions He shall attend meetings of other City Commissions only when requested to do so by the City Manager. B. Availability/Access He shall be available in person or by telephone for meetings or discussions on city business with members of the City Council, Planning Commission and City administrative staff. In the event of his unavailability he will designate and make available to the City an associate approved by the City Council. C. Advice/Opinions He shall provide legal advice and opinions on all legal matters affecting the city to the City Council, Planning Commission, other boards, commissions and committees as may be established, and the City administrative staff. D. Preparation and Review of Legal Documents He shall either prepare or review city ordinances, resolutions, agreements, deeds and other legal documents. E. Preventive Law l® He shall keep the elected and appointed officials and City staff apprised of judicial opinions in major cases which could have an effect on the City. · Me shall make suggestions as the need arises or judicial or legislative developments require concerning changes and improvements in City procedures and actions. · He shall provide the City Council and City Manager with periodic summaries of pending litigation, together with his analysis and suggestions for strategies and disposition· F. Litigation He shall represent the City in civil litigation (except cases covered by the Risk Management Authority) and in the prosecution of city ordinance violations. He shall appear before the State Legislature, State adminis- trative and adjudicatory agencies and such county and local boards and agencies as the City Council directs· In matters of civil litigation, the City Council shall make the determination as to who will represent the City. In such cases, he shall supervise/coordinate such outside counsel if the City Council so requests. II. Personnel The firm of Williams, Caploe & Robbins is retained to provide City Attorney servces. Charles J. Williams is the designated City Attorney and is responsible for the performance of city attorney legal services. The services described in Part I will be performed by Charles J. Williams with the assistance of his legal associates as the city approves. For the present purposes and until specific approval is otherwise granted, principal legal associate to the City Attorney is Judith A. Robbins· In the absence of Charles J. Williams and Judith A. Robbins, Fred Caploe shall provide City Attorney services. III.Compensation Compensation to the firm of Williams, Caploe and Robbins shall be paid based on the hours of service provided to the City as described below. A. Retainer Compensation in the form of a retainer for general legal services is fixed at $9,600.00 for each calendar quarter payable at the rate of $3,200.00 per month. For this retainer, the City Attorney shall provide up to 120 hours of service in each calendar quarter. Should the City's needs for general legal services require consistently more or less than an average of 40 hours per month, the retainer amount may be adjusted at the discretion of the City Council. B. Extra Compensation Hours spent in excess of the amount provided for in the retainer for each calendar quarter shall be billed separately at the rate of $80 per hour and paid at the end of each calendar quarter. C. Litigation Compensation for legal services provided by the City Attorney in matters of litigation shall be billed at a rate of $90 per hour. D. Invoices All compensation to the City Attorney shall be made only after the receipt of an invoice submitted by the City Attorney in a form acceptable to the City. E. Adjustments The city Attorney compensation shall be reviewed annually before the end of the fiscal year and shall be adjusted by mutual agreement. IV. Termination of Services Either the City of Danville, or the City Attorney may terminate these services upon sixty (60) days written notice by either party.