1981-217-Approving "Contract For Services" Between The Town Of Los Gatos And Rutan & Tucker (Attorneys At Law)RESOLUTION NO. 1981 -217
A RESOLUTION APPROVING "CONTRACT FOR
SERVICES" BETWEEN THE TOWN OF LOS GATOS
AND RUTAN & TUCKER (ATTORNEYS AT LAW).
BE IT RESOLVED that the Mayor of the Town of Los Gatos is hereby
authorized and directed to execute a CONTRACT FOR SERVICES (copy of
which is attached hereto) on behalf of the TOWN OF LOS GATOS.
PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
at a _ regular meeting held this 26th
day of
October 1981, by the following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J.
Ferrite, MarLyn J. Rasmussen, Brent N.
Ventura and Peter W. Siemens
NOES: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
n r'
rt` ,
SIGNED: �= '- �✓i.�' ,
MAYOR OF THE TOWN OF LOS G TOS
ATTEST:
CLE 6K Or THE T N OF LO TOS
CONTRACT FOR SERVICES
AGREEMENT entered into this 5th day of October, 1981, be-
tween the Town of Los Gatos ( "Town ") and Rutan & Tucker, Attor-
neys at Law ( "Attorney ").
RECITALS:
1. Villa Vasona, Ltd. has brought an action against the
Town in the Santa Clara Superior Court, Case No. 484088, seeking,
among other things, to invalidate a referendum by which Town
Ordinance No. 1485 was repealed. The Town wishes to obtain the
best available defense to the lawsuit.
2. Attorney represents itself as having extensive experience
in handling housing litigation, and having the time and resources
to defend the aforesaid action vigorously and expeditiously.
NOW, THEREFORE, the parties agree:
Town retains Attorney to handle the defense of the subject
lawsuit, and Attorney agrees to undertake such defense, on the
following terms and conditions:
1. Town shall compensate Attorney at the rate of $90 /hour
plus costs, payable monthly; provided, that costs and fees shall
not exceed $25,000.00 without special approval of the Town Council.
It is understood that the hourly rates of the individual attor-
neys range from approximately $65 /hour to in excess of $150 /hour,
and the $90 /hour rate represents a composite rate. However, At-
torney agrees that the primary work on the case shall be done by
a combination of Jeff Oderman, Leonard Hampel and Joel Kuperberg.
Attorney shall bill Town monthly, giving a breakdown of how
each hour was spent and itemizing costs.
Attorney shall obtain the consent of the Town Council prior
to incurring any extraordinary costs.
2. Town shall cooperate fully with Attorney in preparing
the case, including but not limited to providing copies of all
pertinent documents at no charge.
3. Attorney shall keep Town fully informed at all times
of the progress of the litigation, including but not limited to
(1) sending copies of all pleadings, and (2) making periodic
progress reports.
3. Attorney shall attempt to reduce the cost of the liti-
gation by entering into factual stipulations with the plaintiff,
but no such stipulation shall be entered into until it has been
approved by the Town Council.
IN WITNESS WHEREOF, the parties have hereunto set their
hand on the date first written above.
DATED:
DATED: t l �c /J 1
TOWN
By ?-
Pe er '. Siemens, Mayor
ATTORNEY
RUTAN & TUCKER
1
Bv
-2-
1�