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1983-066-Authorizing The Mayor To Execute A Contract For Lobbyist ServicesRESOLUTION NO. 1983 -66 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR LOBBYIST SERVICES BE IT RESOLVED, AND IT IS HEREBY RESOLVED by the Town Council of the Town of Los Gatos that the Mayor is hereby authorized and directed to execute a contract between the Town of Los Gatos and that individual finally selected to provide lobbying services to the Town concerning the State of California's proposed use of Guadalupe College as a prison facility. PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS, CALIFORNIA, at a regular meeting held this 4th day of April 1983, by the following vote: AYES: Joanne Benjamin, Terrence J. Daily, MarLyn J. Rasmussen and Mayor Brent N. Ventura NOES: None ABSENT: Thomas J. Ferrite ABSTAIN: None MAYOR OF WE OF LOS GATOS ATTEST: CLERK OF THE TOWN OF LOS GA CONTRACT FOR SERVICES AGREDM, entered into this /9 -' day of April, 1983, between the Town of Los Gatos ( "Town") and the lawfirm of Ochoa, Barbosa & Sillas ( "Attorney "). Town retains Attorney, and Attorney agrees to represent Town, on the following terms and conditions: 1. Services. Attorney agrees to serve as exclusive legislative counsel and advocate for the Town in attempting to defeat the proposal to use Guadalupe College as a women's minimum security correctional facility. 2. Payment. Town shall pay Attorney on the following basis: a. Ninety Dollars /hour plus reimbursement of actual and reasonable expenses, such as travel, Xerox, and long distance phone calls. Services and costs small be itemized in monthly statements. b. Town shall pay Attorney a Five Thousand Dollar ($5,000) retainer, which Attorney will place in a trust account and draw on only as fees and expenses are incurred.. No charges of any kind beyond the total of $5,000 shall be incurred without further written authorization from the Town. 3. Termination. Either side may terminate this Agreement immediately, without cause, upon written notice to the other. Such notice shall be served either in person or by certified mail, and shall be effective upon receipt. Attorney shall immediately return to the Town any unused portion of any retainer when Attorney completes its services, or upon termination of this Agreement prior to completion of services. 4. Changes. This Agreement shall not be assigned or transferred without the written consent of the Town. No changes or variations of any kind are authorized without the written consent of the Town Manager. 5. Independent Attorney. Attorney is not an employee of the Town, but an independent attorney. 6. Indemi.ty. Attorney shall indemnify, defend and hold harmless Town, and its officers, agents and employees, from any and all demands, claims or liability of any nature caused or arising out of performance of this Agreement. 7. Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, as well as all reasonable costs (not limited to those allowed by statute). IN WITNESS V=OF, Town and Attorney have executed this Agreement on the day and year first above written. Approved as to Form: Walter V Flays, Town Attorney� Approved: "David R. Mora, ,,&an Manager T014N OF LOS GATOS t BY2,21z,L1,1 f Brent Ventura, Mayor • •• : ':• r^ Bye,, ez, "" _ 4, �Ralph M Whoa, Partner -2-