HomeMy WebLinkAboutRES 93-79RESOLUTION NO. 93 - 79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR APPOINTING AN INTERIM CITY
ATTORNEY AND APPROVING AN AGREEMENT FOR
LEGAL SERVICES WITH MICHAEL B. MONTGOMERY,
A PROFESSIONAL CORPORATION
A. Recitals.
(i) The City of Diamond Bar was incorporated on April 18,
1989 as a general law city of the State of California.
(ii) It is necessary for the efficient operation of the
affairs of the City that the City Council appoint a City Attorney.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
1. MICHAEL B. MONTGOMERY, of the law firm of MICHAEL B.
—� MONTGOMERY is hereby appointed as interim City Attorney to serve at
the pleasure of the City Council.
2. That certain agreement for legal services between the
City of Diamond Bar and MICHAEL B. MONTGOMERY, A Professional
Corporation, attached hereto as Exhibit "A" and by this reference
incorporated herein, hereby is ratified and approved and the Mayor
and City Clerk hereby are authorized and directed to execute the
same on behalf of the City.
3. The City Clerk shall certify to the adoption of this
Resolution.
1993.
Passed, Approved and Adopted this 14th day of December ,
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do
hereby certify that the foreegoing Resolution was passed, approved
and adopted at a regular meeting of the City Council of the City of
Diamond Bar held on the 14th day of December 1993, by
the following vote:
AYES: COUNCIL MEMBERS: Ansari, MPT/Harmony, M/Werner
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Papen, Miller
ATTEST.
City Clerk of thLy City of
Diamond Bar
AGREEMENT FOR INTERIM LEGAL SERVICES
That Agreement for Interim Legal Services entered
into on December 13, 1993, ("the Agreement" hereinafter),
by and between the CITY OF DIAMOND BAR, a municipal
Corporation ("CITY" hereinafter) and MICHAEL B. MONTGOMERY,
A Law Corporation, ("ATTORNEY" hereinafter).
follows:
1. Term.
It is agreed by and between the parties hereto as
The operative date of this Agreement shall be
December 13, 1993, and the Agreement shall continue in
effect unless and until terminated as provided herein or
until mutually rescinded.
2. City Attorney Basic Services.
ATTORNEY shall furnish to CITY interim legal
services as counsel to the City Council, City staff and
boards and commission, including attendance at all
regularly scheduled City Council and Planning Commission
meetings and weekly staff meetings, consultation with
Council Members and with management staff personnel as
needed and the review and/or preparation or ordinances,
resolutions, contracts, opinions, memoranda and other
documents have legal significance ("Basic services"
hereinafter), and litigation services as required.
1
3. Exclusions.
Excluded from said basic services of ATTORNEY are
(a) criminal prosecutions handled by the Los Angeles
District Attorney, (b) litigation where the City Council
decides to retain special counsel, (c) bond work requiring
services where the CITY decides it appropriate to retain
special counsel, (d) meetings of boards and commissions of
the City in excess of the meetings specified in paragraph
2, above, and (e) services wherein ATTORNEY has, in its
judgment or that of the City Council a conflict of
interest.
4. Independent Contractor.
ATTORNEY, and its employees, is an independent
contractor and not an employee of CITY.
5. Designation of City Attorney.
MICHAEL B. MONTGOMERY shall be and hereby is
designated as "Interim City Attorney" and shall have
primary responsibility for providing services hereunder.
6. Fees and Expenses.
A. ATTORNEY shall be compensated for all
services rendered hereunder, subject to the provisions of
Paragraph 6.B, below, as follows:
(i) At the rate of One Hundred Twenty-five
Dollars ($125.00) per hour for the services of MICHAEL B.
MONTGOMERY;
(ii) At the rate of One hundred Five
E
Dollars ($105.00) per hour for the services of JOHN R.
HARPER and principals (partners) of the law firm;
(iii) At the rate of Ninety Dollars
($90.00) per hour for associate lawyers; and
(iv) At the rate of Sixty Dollars ($60.00)
per hour for the services of law clerks and paralegals.
B. CITY and ATTORNEY agree that the rates
specified in Paragraph 6.A may be modified by supplemental
mutual agreement by the parties hereto from time to time,
provided that ATTORNEY shall not request any such
modification to become effective prior to the conclusion of
CITY's fiscal year 1993-94.
ATTORNEY and CITY agree that ATTORNEY shall be
compensated for basic services, at the hourly rates
specified in Paragraph 6.A., above, not to exceed the
maximum sum of $5,500.00 per month for general services.
ATTORNEY and CITY agree that the maximum monthly charge for
general services hereunder may be modified from time to
time by supplemental mutual agreement of the parties
hereto, provided that ATTORNEY shall not request any such
modification to become effective prior to the conclusion of
CITY's fiscal year 1993-94.
C. ATTORNEY shall be reimbursed for out-of-
pocket expenses incident to services performed in addition
to other payments provided for herein. Such out-of-pocket
expenses shall include: 1) extraordinary reproduction
3
costs, 2) computerized research expenses, and 3) travel and
lodging expenses in the event ATTORNEY is required to
travel other than in San Bernardino County, Los Angeles
County, or Orange County areas on behalf of CITY.
Chargeable automobile mileage shall be charged at the rate
of Twenty-one cents ($.21) per mile for automobile travel
outside the area specified herein.
7. Statements and Payments.
ATTORNEY shall present a statement for services
rendered and expenses incurred on a monthly basis and CITY
shall pay the amount on said statement upon presentation or
within a reasonable time.
a. Contact with City council.
Should it become necessary for ATTORNEY to
directly contact the City Council, ATTORNEY shall do so by
contacting the Mayor. If the Mayor is unavailable,
ATTORNEY shall contact the Mayor Pro Tem, and if both the
Mayor and Mayor Pro Tem are unavailable, ATTORNEY shall
contact any other Council Member.
9. Indemnity.
ATTORNEY shall indemnify, save harmless and
defend CITY, its elected officials, officers, agents, and
employee, including the payment by ATTORNEY for any and all
legal costs and attorneys' fees, from all liability from
loss, damage or injury to persons or property in any manner
arising out of or incidental to the performance by ATTORNEY
4
of this Agreement.
10. Termination.
This Agreement, and attorney services hereunder,
may be terminated upon thirty (30) days' written notice
provided by either party to the other party hereto, or as
otherwise mutually agreed in writing. Upon any such
termination, ATTORNEY will supply orderly transitional
services at the hourly rates herein specified.
WHEREFORE, the parties have executed this
Agreement as of the dates set forth below opposite the name
of each such party.
Dated: CITY OF DIAMOND BAR,
A Municipal Corporation
Mayor
Dated:
City Clerk
MICHAEL B. MONTGOMERY,
A Law Corporation
5
Michael B. Montgomery
President
AGREEMENT FOR INTERIM LEGAL SERVICES
That Agreement for Interim Legal Services entered
into on December 13, 1993, ("the Agreement" hereinafter),
by and between the CITY OF DIAMOND BAR, a municipal
Corporation ("CITY" hereinafter) and MICHAEL B. MONTGOMERY,
A Law Corporation, ("ATTORNEY" hereinafter).
follows:
1. Term.
It is agreed by and between the parties hereto as
The operative date of this Agreement shall be
December 13, 1993, and the Agreement shall continue in
effect unless and until terminated as provided herein or
until mutually rescinded.
2. City Attorney Basic services.
ATTORNEY shall furnish to CITY interim legal
services as counsel to the City Council, City staff and
boards and commission, including attendance at all
regularly scheduled City Council and Planning Commission
meetings and weekly staff meetings, consultation with
Council Members and with management staff personnel as
needed and the review and/or preparation or ordinances,
resolutions, contracts, opinions, memoranda and other
documents have legal significance ("Basic services"
hereinafter), and litigation services as required.
1
3. Exclusions.
Excluded from said basic services of ATTORNEY are
(a) criminal prosecutions handled by the Los Angeles
District Attorney, (b) litigation where the City Council
decides to retain special counsel, (c) bond work requiring
services where the CITY decides it appropriate to retain
special counsel, (e) meetings of boards and commissions of
the City in excess of the meetings specified in paragraph
2, above, and (f) services wherein ATTORNEY has, in its
judgment or that of the City Council a conflict of
interest.
4. Indevendent Contractor.
ATTORNEY, and its employees, is an independent
contractor and not an employee of CITY.
S. Designation of City Attorney.
MICHAEL B. MONTGOMERY shall be and hereby is
designated as "Interim City Attorney" and shall have
primary responsibility for providing services hereunder.
6. Fees and Expenses.
A. ATTORNEY shall be compensated for all
services rendered hereunder, subject to the provisions of
Paragraph 6.B, below, as follows:
(i) At the rate of One Hundred Twenty-five
Dollars ($125.00) per hour for the services of MICHAEL B.
MONTGOMERY;
(ii) At the rate of One hundred Five
E
Dollars ($105.00) per hour for the services of JOHN R.
HARPER and principals (partners) of the law firm;
(iii) At the rate of Ninety Dollars
($90.00) per hour for associate lawyers; and
(iv) At the rate of Sixty Dollars ($60.00)
per hour for the services of law clerks and paralegals.
B. CITY and ATTORNEY agree that the rates
specified in Paragraph 6.A may be modified by supplemental
mutual agreement by the parties hereto from time to time,
provided that ATTORNEY shall not request any such
modification to become effective prior to the conclusion of
CITY's fiscal year 1993-94.
ATTORNEY and CITY agree that ATTORNEY shall be
compensated for basic services, at the hourly rates
specified in Paragraph 6.A., above, not to exceed the
maximum sum of $5,500.00 per month for general services.
ATTORNEY and CITY agree that the maximum monthly charge for
general services hereunder may be modified from time to
time by supplemental mutual agreement of the parties
hereto, provided that ATTORNEY shall not request any such
modification to become effective prior to the conclusion of
CITY's fiscal year 1993-94.
C. ATTORNEY shall be reimbursed for out-of-
pocket expenses incident to services performed in addition
to other payments provided for herein. Such out-of-pocket
expenses shall include: 1) extraordinary reproduction
3
costs, 2) computerized research expenses, and 3) travel and _
lodging expenses in the event ATTORNEY is required to
travel other than in San Bernardino County, Los Angeles
County, or Orange County areas on behalf of CITY.
Chargeable automobile mileage shall be charged at the rate
of Twenty-one cents ($.21) per mile for automobile travel
outside the area specified herein.
7. Statements and Payments.
ATTORNEY shall present a statement for services
rendered and expenses incurred on a monthly basis and CITY
shall pay the amount on said statement upon presentation or
within a reasonable time.
a. Contact with city Council.
Should it become necessary for ATTORNEY to
directly contact the City Council, ATTORNEY shall do so by
contacting the Mayor. If the Mayor is unavailable,
ATTORNEY shall contact the Mayor Pro Tem, and if both the
Mayor and Mayor Pro Tem are unavailable, ATTORNEY shall
contact any other Council Member.
9. Indemnity.
ATTORNEY shall indemnify, save harmless and
defend CITY, its elected officials, officers, agents, and
employee, including the payment buy ATTORNEY for any and
all legal costs and attorneys' fees, from all liability
from loss, damage or injury to persons or property in any
manner arising out of or incidental to the performance by
4
of this Agreement.
10. Termination.
This Agreement, and attorney services hereunder,
may be terminated upon thirty (30) days' written notice
provided by either party to the other party hereto, or as
otherwise mutually agreed in writing. Upon any such
termination, ATTORNEY will supply orderly transitional
services at the hourly rates herein specified.
WHEREFORE, the parties have executed this
Agreement as of the dates set forth below opposite the name
of each such party.
Dated: , CITY OF DIAMOND BAR,
A Municipal Corporation
Dated: S G 3
a o
JV City Clerk
MICHAEL B. MONTGOMERY,
A Law Corporation
5
Michael B. Montgomery/
President