1996-010-Execute Contract With Barry Mccarthy For Legal Advise And Council Relating To A Proposed Transfer Of A Cable Television Franchise From Brenmor Cable PartnersRESOLUTION 1996 - 10
RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE CONTRACT WITH BARRY MCCARTHY
FOR LEGAL ADVISE AND COUNSEL RELATING TO A PROPOSED TRANSFER OF A CABLE
TELEVISION FRANCHISE FROM BRENMOR CABLE PARTNERS, L.P. DBA SOUTH BAY
CABLEVISION TO TCI OF CLEVELAND, INCORPORATED AND APPROVING ASSIGNMENT
FROM DUNCAN, WEINBERG, MILLER & PEMBROKE
RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS, COUNTY OF SANTA
CLARA, THAT:
WHEREAS, the Town of Los Gatos entered into a contract with Duncan, Weinberg, Miller,
and Pembroke to provide legal advice and counsel relating to a proposed transfer of a cable television
franchise from Brenmor Cable Partners, L.P. dba South Bay Cablevision to TCI of Cleveland, Inc.; and
WHEREAS, Duncan, Weinberg, et al., wishes to assign that contract to Barry McCarthy
who has been the attorney from Duncan, Weinberg who has handled the matter on behalf of the Town; and
WHEREAS, a new agreement with Barry McCarthy should now be executed to accurately
describe the relationship and expectations between the parties,
NOW, THEREFORE, IT IS ORDERED that the proposed assignment is approved, and
the Town Manager is authorized and directed to execute the Agreement contained in Exhibit A hereto with
Barry McCarthy.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 5th day of February, 1996 by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway
NAYES: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYO F THE TOW OF LOS GATOS
TOS,
LOS G CALIF IA
ATTEST:
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CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
TOWN CLLRK
LEGAL SERVICES AGREEMENT
The Town of Los Gatos, California, a municipal corporation
(hereinafter "Client ") and Barry F. McCarthy, Attorney at Law
(hereinafter "McCarthy "), hereby agree as follows:
1. SERVICES Client hereby confirms prior oral authorization
and further authorizes McCarthy to represent Client and provide
legal advice and counsel relating to a proposed transfer of a cable
television franchise. McCarthy hereby agrees to perform such legal
services for and on behalf of Client. McCarthy further agrees to
complete such services within the time and budget limits mutually
determined to be acceptable to McCarthy and Client.
2. FEES For services performed pursuant to this Agreement,
McCarthy will be compensated for all fees and expenses, in an
amount not to exceed that approved by the Town Council from time to
time. Fees for McCarthy will be billed at the rate of $190 per
hour and fees for authorized consultants will be billed at the rate
of $140 per hour.
3. EXPENSES McCarthy will be reimbursed for all out -of-
pocket costs and expenses actually incurred by McCarthy in the
above described representation of Client. Out -of- pocket expenses
include, but are not limited to, all travel expenses, lodging, long
distance telephone and facsimile charges, photo- copying and
printing costs, taxis and auto rental, postage, filing fees, word
pfocessing costs, transcript costs, secretarial overtime, notary
fees and retained consultants' fees (should Client authorize
McCarthy to retain consultants on behalf of Client).
4. INVOICES McCarthy will provide monthly invoices to
Client at the address set forth in paragraph 6 for all fees and
expenses, which invoice shall clearly state the basis thereof. The
fee portion of the invoice shall include the amount, rate, basis
for calculation, or other method of determination of McCarthy's
fees and costs. The cost and expense portion of the invoice shall
clearly identify the nature and amount of the costs and expenses
incurred. Invoices shall be payable within thirty (30) days of
receipt at the following address:
Law Offices of Barry F. McCarthy
620 McCandless Towers
3945 Freedom Circle
Santa Clara, CA 95054
5. TERMINATION Any termination hereunder shall become
effective upon receipt of written notice of termination; provided,
however, that McCarthy may exercise his right of termination only
to the extent and under terms and conditions consistent with the
obligations of McCarthy under the Rules of Professional Conduct of
the State Bar of California; and provided, further, that in the
event of termination, the amount due McCarthy for services rendered
and costs and expenses incurred prior to termination shall remain
due and payable.
6. NOTICES All notices, invoices, reports or other
communication to the parties shall be properly given if delivered
in person or sent by First Class mail, facsimile or overnight
delivery and addressed as follows:
If to Client: Town of Los Gatos
Office of the Town Attorney
Town Hall
P. O. Box 949
Los Gatos, CA 95031
FAX: (408) 354 -8431
If to McCarthy: Law Offices of Barry F. McCarthy
620 McCandless Towers
3945 Freedom Circle
Santa Clara, California 95054 -1225
FAX: (408) 988 -3372
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7. INDEPENDENT CONTRACTOR McCarthy shall at all times act
as an independent contractor with respect to the performance of
this Agreement, with full rights to manage his employees subject to
the requirements of the law. Neither McCarthy nor any employees or
agents of McCarthy shall be considered an employee of Client for
any purpose.
Dated:
Barry F. McCarthy
Attorney at Law
Town of Los Gatos
Approved as to form: By:
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