09-011 Atkinson-Farasyn, Interim City AttorneyATKINSON . FARASYN, LLP
ATTORNEYS Ai LAW
660 WEST DAN~~ STREET
REPLY TO: P.O. BOX 279 J.M. ATKINSON (1892-1982)
MARC G. HYNES MOUNTAIN VIEW, CALIFORNIA 94042 L.M. FARASYN (1915-1979)
TELEPHONE (6SO) '~67-6941
FACSIMILE (650) 567-1395
December 1 ]., 2008
Charles T. Kilian
20410 Town Center Lane. Suite 210
Cupertino, CA 95014-3255
Re: Agreement for Interim City Attorney Services
Dear Chuck:
This follows our telephone conversation of Tuesday, December 9, 2008, regarding
interim city attorney services for the City of Cupertino for signature by the City Manager.
Steve and Hal and I would be pleased to provide whatever services are needed by the city
pending its final action to appoint a new city attorney.
Please let me know if you have any questions about the agreement which is
enclosed. It proposes services at an hourly rate of $200.00 per hour. This time, I am
assuming that Steve and I would continue much as we have over the past year which is
that Steve would provide code enforcement services and I will be available to attend city
council meetings and otherwise city staff as requestedi~cessary.
Very
G./HYNES
MGH:cwb
Enclosure
ATTORNEY'S SERVICE AGREEMENT
BETWEEN
CITY OF CUPERTINO
AND
ATKINSON-FAR.ASYN, LLP
The City of Cupertino (`City") hereby retains the firm of Atkinson-Farasyn, LLP
("ATTORNEY") to provide interim city attorney ;services to CITY on the terms set out
below.
A. The services provided include the followir.~g:
1. Representation of and advice to th~~ Council, City Boards and Commissions,
and all City officials in legal mattes of municipal government.
This includes:
a. Attendance at City Council meetings, except study sessions, unless
excused by the Mayor or Council.
b. Attendance at Planning Commission meetings;
c. Consultation with the City Manager and Department Heads or
authorized representatives;
d. Telephone and correspondence with members of the public and press;
Preparation and review of a.ll proposed ordinances, resolutions,
contracts, and other documents pertaining to the City's business;
f. Code enforcement including; litigation.
B. The fee for these services is $200.00 per hour, effective January 1, 2009.
C. "Litigation" includes court or administrat:we proceedings of every type or nature,
and includes client conferences, file and report rE~view, interviews, legal research, site visits,
and discussions with witnesses and experts prior to formal commencement of proceedings.
D. For litigation matters, in addition to the r~ourly charge set out in B above,
ATTORNEY shall be compensated for actual expenses for process service, transcripts,
copying, expert consultants and facsimile transmission charges.
E. The legal services described above will be provided by Marc G. Hynes, or if he is not
available, by other members of Atkinson-Farasyn, LLP as determined by him. It is
anticipated that the principal back-up will be provided by Harold S. Toppel and/or Steven
G. Baird.