HomeMy Public PortalAboutResolution - 73-23- 19730627 - Retain Norton as Legal CRESOLUTION NO. 71-21
RESOLUTION RETAINING STANLEY R. NORTON AS
LEGAL COUNSEL FOR THE MIDPENINSULA REGIONAL
PARK DISTRICT AND AUTHORIZING EXECUTION OF
AGREEMENT FOR THAT PURPOSE
The board of directors of the Midpeninsula Regional
Park District does resolve that the agreement by and between
Midpeninsula Regional Park District and 4tanley R. Norton
dated June 13, 1973, wherein Norton is retained by the
District as legal counsel on the terms and conditions set
forth therein, a copy of which is affixed hereto and by
reference made a pant hereof, is hereby approved and the
President of the Board of Directors is authorized to
execute the same on behalf of the District.
* * * * * * * * * * * * * * * * * * * * * *
EMPLOYMENT AGREEMENT
This Agreement made and entered into this 13th
day of June, 1973, by and between MIDPENINSULA REGIONAL PARK
DISTRICT, a Regional Park District formed under the laws of the
State of California ("District" herein), and STANLEY R. NORTON
("Norton" herein), provides as follows:
1. Norton shall be retained by District as legal
counsel on the terms and conditions contained in this
Agreement.
2. In discharge of his functions and duties here-
under, Norton shall advise the District's Board of Directors,
General Manager, and other District officers and employees in
legal matters pertaining to District business; attend regular
meetings of the Board (except where excused); prepare ordinances,
resolutions, contracts and other legal documents required by
the District; and perform other usual and ordinary legal ser-
vices required from time to time by the Board of Directors or
the General Manager. In the discharge of his duties, Norton
will endeavor to give the affairs of the District priority over
the affairs of other clients.
3. In consideration thereof, District shall pay
Norton during the term of this Agreement compensation at the
rate of $1,287.00 per month. There shall be an initial review
of Norton's compensation six (6) months from the date hereof.
Thereafter, there shall be an annual review of Norton's compen-
sation at the anniversary date of this Agreement. Any change
in said rate of compensation may be made by resolution or
motion of the Board, and this Agreement shall be deemed amended
accordingly.
4. It is further agreed that Norton may, without
deduction from the compensation established pursuant to paragraph
3, absent himself from the affairs of the District for two (2)
weeks annually during the first three (3) years of his service
to the District and for three (3) weeks annually thereafter,
and on the holidays enjoyed by employees of Santa Clara County.
5. Norton shall provide his own office, secretary,
local telephone, local transportation and defray other expenses
ordinarily incurred in the conduct of a law office; provided,
that expenditures for out-of-town transportation, food and
lodging, convention fees and similar expenditures required or
useful in the handling of District's affairs, shall be paid or
reimbursed by District.
6. If Norton is required to engage in litigation or
perform other extraordinary services on District's behalf, he
shall be compensated, in addition to the basic monthly retainer,
at an hourly rate appropriate to the services performed. Timely
claims will be presented for such services.
7. This Agreement shall be deemed a contract for
expert professional services authorized by Public Resources
Code Section 5556 and not an appointment to or the establishment
of a public office.
8. Both District and Norton contemplate that from
time to time other legal counsel may be employed by or on
behalf of District to perform services in special situations,
e.g., condemnation proceedings, rendering tax advice in connec-
tion with land acquisitions, and the like.
Norton's duties under this Agreement shall specif-
ically exclude representing or advising District in trans-
actions or other matters involving the municipality of the
City of Palo Alto for so long as Norton is a member of the
Palo Alto City Council.
9. This Agreement is terminable at will by either
party. In the event the Agreement is terminated by District
for reasons other than cause, Norton's compensation and other
benefits as defined herein and any other monies earned shall
be paid by District through the end of the first calendar month
subsequent to the date in which such termination occurs. Such
payments shall be a complete liquidation of any and all claims
Norton may have against District for such termination.
In the event this Agreement is terminated for cause,
Norton's compensation and benefits shall cease as of the date
of termination.
If Norton should die during the term of this Agree-
ment, his compensation shall end as of the last day of the
month in which his death shall occur.
In the event Norton voluntarily terminates the
Agreement, his compensation shall cease as of the date of such
voluntary termination.
10. No bond shall be required of Norton for the
faithful performance of his duties under this Agreement.
11. This instrument contains the entire agreement
of the parties and may be changed only by an agreement in
writing signed by the parties.
IN WITNESS WHEREOF, District and Norton have executed
this Agreement the day and year first above written.
MIDPENINSULA REGIONAL PARK DISTRICT
Daniel Wendin , President
Stanley R. Norton
Attest J.,.. .2102 —,;1-4.f
No tte Hanko, Vice -President