1992-218-Approving The Agreement With James P. Jackson For Representing The Town As Interim Town AttorneyRESOLUTION 1992 -218
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS
GATOS APPROVING THE AGREEMENT WITH JAMES P. JACKSON
FOR REPRESENTING THE TOWN AS INTERIM TOWN ATTORNEY
BE IT RESOLVED by the Town Council of the Town of Los Gatos that the Town
enter into an agreement with James P. Jackson for services to be rendered as Interim
Town Attorney, and that the Town Manager is authorized, and is hereby directed to
execute said agreement in the name and on behalf of the TOWN OF LOS GATOS.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 7th day of December, 1992 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Eric D. Carlson, Brent N. Ventura
Mayor Joanne Benjamin
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: r/ -yam - ✓ l� r r c . —�
JOA OR OF THE TO OF LOS GATOS
S GATOS, CALIFO NIA
ATTEST:
CLERK OF THE TOWN OF LDS GATOS
LOS GATOS, CALIFORNIA
AGREEMENT FOR LEGAL SERVICES
(Los Gatos Town Attorney's Office)
THIS AGREEMENT (herein "Agreement ") is made and entered into this day
of December, 1992, by and between the Town of Los Gatos, a California municipal
corporation (herein "TOWN') and (NAME OF APPOINTEE), (ADDRESS OF
APPOINTEE), a self - employed individual (herein "CONSULTANT').
IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO, as
follows:
A. WHEREAS, the Town Attorney is leaving her position and the Town anticipates that
recruitment and hiring of a new Town Attorney is likely to require up to six months;
and
B. WHEREAS, TOWN has need for legal services during the period that the Town
Attorney's position is vacant; and
C. WHEREAS, CONSULTANT is able to provide legal services and has background
and experience in the municipal law field; and
D. WHEREAS, CONSULTANT is willing to provide and TOWN desires to accept
the services of CONSULTANT on the terms and conditions set forth herein, and
pursuant to the provisions of Government Code Section 21151(8).
NOW, THEREFORE, IT IS HEREBY FURTHER AGREED BY THE PARTIES
HERETO, as follows:
1. SERVICES TO BE RENDERED
CONSULTANT shall perform the duties of the Town Attorney as set forth in
Municipal Code Section 2.30.505.
2. COMPENSATION
TOWN shall pay to CONSULTANT Seventy Five Dollars ($75.00) per hour up to
a maximum of 120 hours per month as full consideration for all services rendered
hereunder. Said fees are to be payable at regular monthly intervals following the
date of the first payment hereunder.
CONSULTANT shall submit monthly statements to TOWN indicating number of
hours expended on Town work and the type of work performed. It is expressly
understood that the fees and expenses payable hereunder include, and are paid in
lieu of, all other compensation or benefits, including, but not limited to, vacation,
sick leave, retirement, insurance or other remuneration or benefits payable to
employees of TOWN. It is further understood that CONSULTANT will be on
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vacation out of the Country and unable to provide services between January 25
through February 5, 1993.
CONSULTANT shall also be entitled to reimbursement for any and all reasonable
expenses incurred in performing the services required by this Agreement, subject to
approval of the Mayor.
3. TERM OF THIS AGREEMENT
This contract shall be effective upon the date approved by the Town Council of
TOWN and shall remain in full force and effect for a period of up to 210 calendar
days.
4. INDEPENDENT CONTRACTOR
CONSULTANT is an independent contractor and the means by which he shall
perform all work hereunder shall be under his sole control. The only control TOWN
will have will be as to the result of the work, and not as to the means by which
CONSULTANT shall perform such work. In no event shall CONSULTANT be
deemed an employee of the TOWN except as specified below in this paragraph.
CONSULTANT agrees that he will at all times safely, industriously, and to the best
of his ability, experience, and talent perform all of the duties and services specified
herein that may be required of CONSULTANT to the reasonable satisfaction of
TOWN.
CONSULTANT's duties shall be rendered at 110 East Main Street, Los Gatos,
California 95050, and /or at such other places as TOWN shall in good faith require
pursuant to this Agreement.
The TOWN acknowledges that CONSULTANT is not covered by errors and
omissions insurance and, notwithstanding the provisions of this paragraph, agrees that
upon the occurrence of any event contemplated in Government Code Section 825,
the TOWN shall extend to CONSULTANT the benefits of an employee as
established therein. The Town waives any and all rights it may have to bring any
claim or action against CONSULTANT for negligent performance under this
Agreement.
CONSULTANT shall maintain a Town of Los Gatos business license pursuant to
Chapter 14 of the Municipal Code of the Town of Los Gatos.
5. MODIFICATION AND TERMINATION
The terms of this contract may be modified or superseded only by agreement in
writing executed by the parties hereto. Such agreement shall not be unreasonably
withheld. This contract shall be terminable by either party upon ten (10) days
written notice.
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6. NOTICES
All notices herein provided shall be in writing and addressed as follows:
TO TOWN: Town Manager
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 95031 -0949
TO CONSULTANT: (APPOINTEE'S NAME)
(APPOINTEE'S MAILING ADDRESS)
The address to which the notice shall be mailed may be changed by written notice
given by such party to the other, and nothing herein contained shall preclude the
giving of any such notice by personal service.
IN WITNESS WHEREOF said parties have executed this Agreement in duplicate
the day and year first above written.
TOWN OF LOS GATOS
JOANNE BENJAMIN
Mayor
DAVID W. KNAPP
Town Manager
110 East Main Street
Los Gatos, California 95031
Telephone: (408) 354 -6880
"TOWN"
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(APPOINTEE'S NAME)
Address:
Telephone: (_)
"CONSULTANT'
APPROVED AS TO FORM:
KATHERINE ANDERTON
Town Attomey
ATTEST:
MARIAN V. COSGROVE
Town Clerk
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