93-025a Assistant City Attorney agreement, Cheryl R. Kershner Reso 9246Re. SO . Y2 `IPS
LEGAL SERVICES AGREEMENT
BETWEEN THE CITY OF CUPERTINO
AND CHERYL R. KERSHN`ER
THIS AGREEMENT is made between the CITY Or CUPERTINO
("City"), a municipal corporation, and CHERYL R. KERSHNER
("Kershner"), an individual. The parties agree that Kershner
shall be retained by the City to perform legal services on the
following terms and conditions.
1. Designation of Assistant City Attorney. Kershner presently is
designated the Assistant City Attorney for the City. Kershner is
licensed to practice law before all the Courts of the State of
California and is fully qualified to provide the Services
contemplated by this Agreement.
2. Term. The term of this Agreement shall commence on January 1,
1995 and shall be at will. City or Kershner may terminate this
Agreement with or without cause upon 14 days prior written notice;
provided, however, that if Kershner is performing the duties of
acting city attorney, said notice shall be made 30 days prior to
the effective date of said termination.
3. Nc'itilie of E;iiy�Og-iicciit. Ka
ershner Shii. u be employed as an
independent contractor. Kershner shall be available to perform
duties for the City pursuant to this Agreement as called upon by
the City Council or the City's designated representative. It is
understood, however, that other than the proscriptions regarding
conflicts of interest imposed on Kershner by the Business and
Professions Code and by the California Rules of Professional
Conduct, Kershner is free to engage in any other employment of her
choosing.
4. Duties. Kershner shall provide the following legal services:
a. Assist the City Attorney in the performance of his duties
and act in his absence;
b. Commence and prosecute all criminal aCtliliiS necessary slid
appropriate to enforce municipal ordinances, including enforcement
through civil and administrative proceedings;
c. Provide the necessary legal services required in
connection with the City's cable franchise and related agreements,
permits, easements and legislation;
ITC/CRFs/L/S/A Page 1
d. Attend meetings of the City Council, Planning Commission,
and other meetings when requested to do so by the City Attorney,
City Manager or City Council;
e. Research, prepare or review ordinances, resolutions,
agreements, leases, public works contracts, written opinions and
other documents when requested to do so by the City Attorney, City
Manager or City Council; and
f. Any other legal service as may be requested by the City
Attorney, City Manager or City Council.
5. Compensation. City agrees to pay Kershner at the rate of
$60.00 per hour. Compensation shall be paid directly to Kershner
and shall not be subject to withholding taxes, unemployment
insurance, retirement benefits or other such costs normally
associated with salaried employees.
6. Benefits. City agrees to provide Kershner with the following
benefits:
a. She will be named as an additional insured on the City's
errors and omissions insurance policy.
b. Kershner's State of California Bar Dues will be paid.
Kershner understands that she shall not be entitled to
retirement, health, life or disability benefits; vacation, sick,
administrative or holiday pay; and that she is responsible for her
own County Bar dues and MCLE costs.
7. Expenses. The City shall reimburse Kershner for customary
costs and expenses incurred by her in the course of providing
legal services to the City, including but not limited to,
duplicating, telephone, postage, computerized legal research,
facsimile, court fees, parking, mileage for travel outside of
Santa Clara County and preapproved seminars.
8. Billing Procedures. Kershner shall submit to the City, on a
monthly basis, an itemized statement of the services performed,
the time expended providing those services and a breakdown of any
reimbursable costs incurred. Payment of all monthly statements
shall be made within thirty (30) days of the billing date. All
such billing shall be approved by the City Attorney prior to
submission to the City's finance department for payment.
9. Amendments. The terms of this agreement shall be reviewed
annually at the time of City budget consideration. Any revisions
shall be memorialized by either written amendment to this
Agreement or by letter agreement.
10. Notices. Notices regarding this Agreement shall be given to
the parties at the following addresses:
Mac/CRK/L/S/A Page 2
City: City of Cupertino
10300 Torre Avenue
Cupertino, California 95014
Kershner: Cheryl R. Kershner
550 Thompson Avenue
Mountain View, CA 94043
11. Severability. If any provision of this Agreement is held
invalid or unenforceable, the remainder of this Agreement shall
nevertheless remain fully effective.
12. Entire Agreement. This Agreement constitutes the entire
agreement of the parties and supersedes all agreements and
discussions, oral or written, between the parties relating to the
subject of this Agreement. Any subsequent oral representations or
modifications concerning this Agreement shall have no effect
unless reduced to writing and signed by both parties.
CITY OF CUPERTINO
Dated:
B A
By:
ARLES T. KILIAN,
City Attorney
Attest:
City Clerk
CHERYL R. KERSHNER
Dated://
Z/i4/f 91
By: (�'" �G exl"-hfer
CHE L R. KERSHNER
CIT
Dat
By:
Mac/CRK/L/S/A Page 3
RESOLUTION NO. 9246
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
C UPERTINO AUTHORIZING EXECUTION OF LEGAL SERVICES
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
CHERYL R. KERSHNER
WHEREAS, there has been presented to the City Council a proposed Legal
Services Agreement between the City of Cupertino and Cheryl R. Kershner providing for
Assistant City Attorney services; and
WHEREAS, the terms, conditions and provisions of the agreement have been
reviewed and approved by the City Attorney and the City Manager.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby approves the aforementioned agreement and authorizes the City
Manager and the City Clerk to execute said agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 5th day of December , 1994 by the following vote:
Vote Members 9f the City Council
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Kim Marie Smith
City Clerk
resoluti/res9246
/s/ Wally Dean
Mayor, City of Cupertino
d. Attend meetings of the City Council, Planning Commission,
and other meetings when requested to do so by the City Attorney,
City Manager or City Council;
e. Research, prepare or review ordinances, resolutions,
agreements, leases, public works contracts, written opinions and
other documents when requested to do so by the City Attorney, City
Manager or City Council; and
f. Any other legal service as may be requested by the City
Attorney, City Manager or City Council.
5. Compensation. City agrees to pay Kershner at the rate of
$60.00 per hour. Compensation shall be paid directly to Kershner
and shall not be subject to withholding taxes, unemployment
insurance, retirement benefits or other such costs normally
associated with salaried employees.
6. Benefits. City agrees to provide Kershner with the following
benefits:
a. She will be named as an additional insured on the City's
errors and omissions insurance policy.
b. Kershner's State of California Bar Dues will be paid.
Kershner understands that she shall not be entitled to
retirement, health, life or disability benefits; vacation, sick,
administrative or holiday pay; and that she is responsible for her
own County Bar dues and MCLE costs.
7. Expenses. The City shall reimburse Kershner for customary
costs and expenses incurred by her in the course of providing
legal services to the City, including but not limited to,
duplicating, telephone, postage, computerized legal research,
facsimile, court fees, parking, mileage for travel outside of
Santa Clara County and preapproved seminars.
8. Billing Procedures. Kershner shall submit to the City, on a
monthly basis, an itemized statement of the services performed,
the time expended providing those services and a breakdown of any
reimbursable costs incurred. Payment of all monthly statements
shall be made within thirty (30) days of the billing date. All
such billing shall be approved by the City Attorney prior to
submission to the City's finance department for payment.
9. Amendments. The terms.of this agreement shall be reviewed
annually at the time of City budget consideration. Any revisions
shall be memorialized by either written amendment to this
Agreement or by letter agreement.
10. Notices. Notices regarding this Agreement shall be given to
the parties at the following addresses:
Mac/CRR/L/S/A Page 2