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1997-034-Execute An Agreement For Town Attorney ServicesRESOLUTION 1997 - 34 RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING MAYOR TO EXECUTE AN AGREEMENT FOR TOWN ATTORNEY SERVICES THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESOLVES AS FOLLOWS: Orry P. Korb, Esq. is appointed Town Attorney effective June 2, 1997, to serve upon the terms and conditions of employment contained in the contract attached hereto and incorporated by reference. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 21 st day of April, 1997, by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Mayor Joanne Benjamin NAYS: None ABSENT: Jan Hutchins, Linda Lubeck ABSTAIN: None SIGNED''- L�f L vy , AAYOR OF THE TOWN 0OS GATOS LOS GATOS, CALIFORNIA" ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA TOWN ATTORNEY AGREEMENT TOWN CLERK AG R' -. IHH: REC: ------ ________ FlI D :_ THIS AGREEMENT is entered into this 7th day of April, 1997, by and between the TOWN OF LOS GATOS, ( "Town "), and Orry P. Korb, ( "Attorney "). RECITALS A. Town desires to employ Attorney as Town Attorney to fulfill the duties set forth in Section 2.30.505 of the Town Code of Los Gatos. B. Attorney desires to render legal services to the Town as its Town Attorney. AGREEMENT In consideration of the foregoing recitals, and of their respective promises herein, the Town and Attorney agree as follows: Appointment. Town appoints Attorney and Attorney agrees to serve as Town Attorney. 2. Scope of Services. Legal services shall include preparation and review of ordinances, resolutions, agreements and contracts; legal research; attendance at Town Council meetings and attendance at other meetings upon request; rendering of legal opinions to the Town Council and Town Manager; representation of the Town, members of the Town Council and other Town officers and employees in claims and litigation filed by or against the Town, except those that the Town Attorney or Town Council determine should be handled by outside counsel; and such other legal services as may be directed by the Town Council or Town Manager. Consistent with other demands of his office, Attorney will use his best efforts to handle general municipal and land use litigation himself in order to reduce costs of outside counsel. 3. Term. This Agreement shall commence June 2, 1997, and extend indefinitely until terminated as provided hereinafter. 4. Compensation. Attorney shall receive the following compensation: a• 5-a-laly. Annual base salary shall be $83,000. The Town Council shall review the base salary six (6) months after executing this Agreement and at least annually thereafter. I April 8, 1997 b. Performance Review. The Town Council shall evaluate Attome ' Performance annually and may adjust the base salary or provide a one -time, lump Payment s P sum p yment or some combination of both at the sole discretion of Council, based upon its assessment of Attorney's performance. C. Retirement. Town shall pay both the employer and the employee share of Attorney's contribution to the Public Employees' Retirement System, (PEAS). d. Benefits. Town shall provide the benefits provided to all Group I Managers of the Town, which includes six (6) days of administrative leave accrued as of the date of hire, June 2, 1997. e. Job Related Expenses, The Town shall reimburse Attorney for costs of membership in the State Bar of California and for the reasonable cost of mandatory continuing legal education sponsored by the League of California Cities including transportation, food, lodging, tuition and printed materials. Within budget limitations the Town shall reimburse Attorney for costs of additional professional education and membership and attendance at meetings of professional groups such as the State Bar of California, Santa Clara County Bar Association, the League of California Cities (Attorney's Department), the Bay Area City Attorney's Association, and Santa Clara County City Attorney's Association. Attorney shall be reimbursed for any other sums reasonably related to the performance of his duties, subject to obtaining prior approval from the Town Manager and the Mayor. 5. Termination. This Agreement may be terminated in the following manner: a. by Attorney giving Town sixty (60) days written notice; b. by majority vote of the Town Council; or C. at any time by any other method agreed upon by both parties in writing. In the event of termination by majority vote of the Town Council for reasons other than his commission of a crime of moral turpitude or a violation of statute or law constituting misconduct in office or his disbarment from the practice of law, Town Council will give Attorney thirty (30) days written notice and Attorney shall be paid three (3) months compensation, and shall receive compensation for accrued vacation leave. April 8, 1997 6. Defense and Indemnity. Nothing in this Agreement shall be construed to deny Attorney the same rights provided public employees or former employees to defense and indemnity in the event of civil actions or administrative proceedings arising out of scope of their employment. 7. General Provision a. Amendment. From time to time by mutual agreement, the Town Council and Attorney may amend this Agreement or fix other terms and conditions of Attorney's employment, either by written addendum attached hereto or by resolution, provided that such amendments are not inconsistent with the provisions of this Agreement, the Town Code, or any other law. b. Application of General Rules. As to any matter not expressly covered in this Agreement, Attorney shall be subject to the same rules and policies as any other management employee of the Town. C. Integration. This Agreement is the entire agreement between the parties, except for amendments as provided herein. d. Notice s. Notices shall be given by first class mail addressed as follows: Town Attomey Mayor, Town of Los Gatos Civic Center P.O. Box 949 Los Gatos, CA 95031 Orry P. Korb, Esq. 4755 Opal Cliff Drive Santa Cruz, CA 95062 Notice shall be deemed given as of the date of personal service or as of the date of deposit in first class mail. HI 3 April 8, 1997 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date written above. ATTORNEY _m-- zw4amm . ATTEST: Marian V. Cosgrove, Town Clerk A: ATTORNEY.CON TOWN OF LOS GATOS Joanne Benjamin, Mayor APPROVED AS TO FORM: Natalie E. West, Esq., Interim Town Attorney April 8, 1997