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Home My WebLink AboutRES 89-02RESOLUTION NO. 89-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPOINTING THE CITY ATTORNEY AND APPROVING AN AGREEMENT FOR LEGAL SERVICES WITH MARKMAN, ARCZYNSKI, HANSON & GOLDMAN, 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. ANDREW V. ARCZYNSKI of the law firm of MARKMAN, ARCZYNSKI, HANSON & GOLDMAN is hereby appointed as 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 MARKMAN, ARCZYNSKI, HANSON & GOLDMAN, 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. 1 ADOPTED AND APPROVED this 18th day of April, 1989. I, GEORGE ASWELL , City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 18th day of April, 1989, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 18th day of April, 1989, by the following vote: AYES: COUNCIL MEMBERS: PAPEN, HORCHER, WERNER, MILLER and FORBING NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTES Cityjtlerk of -thee Ciicy Diamond Bar S\1011\RESO89-2 2 afiRI 1 11 !OR Lad" M"Icss This Agreement is entered into by and between the CITY OF DIAMOND BAR, a municipal corporation ("CITY" hereinafter) and MARKKAU, ARCZYNSKI, HANSON i GOLD, A Professional Corporation ("A`3'TORNRY" hereinafter) . It is agreed by and between the parties hereto as follows: The operative date of this Agreement shall be April 18, 1909 and the Agreement small coati=* in effect unless and until terminated as provided herein or until mutually rescinded. s. CAUMsuz- ATTClY shall furnish to CITY legal services as counsel to the City Council, City staff and boards and comissions, including attendance at Council meetings, Planning Commission meetings and other meetings at the direction of the City Manager, consultation with Council Members and with management staff personnel as heeded and the review and/or preparation of ordinances, resolutions, contracts, opinions, memoranda and other documents having legal significance ("basic services" hereinafter). 1 EXHIBIT "A" 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 spacial counsel, c. bond work requiring services of bond counsel, d. other services where the CITY decides it appropriate to retain special counsel, and e. services wherein ATTORNEY has, in its judgment or that of the City Council, a conflict of interest. 4. U&BUX - ATTORNEY, and its employees, is an independent contractor and not an esployee of CITY. S. " SLU Attelm• ANDREW V. ARCEYNM shall be and hereby is designated as "City Attorney" and shall have primary responsibility for providing services hereunder. JAMS L. XARXMAN and RALPH D. HANSON shall be and hereby are designated as "Assistant City Attorney." ATTORNEY may designate such of its employed lawyers as deemed necessary as "Deputy City Attorney." 4. ZM! RAS BUMMM. A. ATTORNEY shall be compensated for all services rendered hereunder subject to the provisions of Paraqraph 3.B, below, as follows: (i) At the rate of One Hundred Ten Dollars ($110.00) per hour for the services of JAMES L. MARKMAN; 2 (ii) At the rate of Ninety Dollars ($90.00) per hour for the services of ANDREW V. ARCZYNSRI and named partners of the law firm; (iii) At the rate of Seventy-five Dollars ($75.00) per hour for associate lawyers. a. CITY and ATTORNEY agree that the rates specified in Paragraph 3.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 1990-91. ATTORNEY and CITY agree that ATTORNEY shall be compensated for basic services, at the hourly rates specified in Paragraph 3.A., above, not to exceed the maximum sum of $4,500.00 per month for such general services. ATTORNEY and CITY agree that the maximum monthly charge for general services hereunder may be modified from time to time by supplemental mutual agreement of the parties hereto, provided that ATTORNEY shall not request any such modification to become effective prior to the conclusion of CITY's fiscal year 1959-90. C. ATTORNEY shall be reimbursed for out-of-pocket expenses incident to services performed in addition to other payments provided for herein. Such out-of-pocket eagm mses shall include: 1. extraordinary reproduction costs, and 2. travel and lodging expenses in the event ATTORNEY is required to travel 3 other than in San Bernardino County, Los Angeles County or orange County areas on behalf of CITY. Chargeable automobile mileage shall be charged at the rate of Twenty-one Cents ($.21) per mile for automobile travel outside the area specified herein. 7. stataMEta WA Pa eats. 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. Ni" au ShmId it become necessary for ATTORNEY to directly contact the City Council, ATTORNEY shall do so by contacting the mayor. If the Mayor is unavailable, ATTOJWiY shall contact the Mayor Pro Tem and if both the Mayor and the Mayor Pro Tem are unavailable, ATTORNEY shall contact any other Council Member. 9. Wai at ZNMLLM. Pursuant to the provisions of California Government Code Section 41805, F. ELLIOT GOLDKAN, a member of ATTORNEY, is permitted to practice criminal law (excluding any matters arising out of acts occurring within the corporate limits of the City of Diamond Bar) and CITY hereby expressly relieves F. ELLIOT GOLDMAN of any and all prosecutorial ibilities on behalf of CITY. 4 ATTORNEY shall indemnify, save harmless and defend CITY, its elected officials, officers, agents and employees, 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 of this Agreement. 11. . This Agreement, and attorney services hereunder, may be terminated upon thirty (30) clays' 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 heroin 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 By City Clerk 5 Dated: MARKMAN, ARCZYNSKI, HANSON & GOLDMAN A Professional Corporation By Andrew V. Arczynski, Vice President S\1011\LEGSVDB