1980-121-Approving Agreement With Walter V. Hays Of Herrick, Lundgren, Hays, Shaffer & Lancefield, A Legal AssociationRESOLUTION NO. 1980 -121
A RESOLUTION APPROVING AGREEMENT WITH
WALTER V. HAYS OF HERRICK, LUNDGREN,
HAYS, SHAFFER & LANCEFIELD, A LEGAL
ASSOCIATION.
BE IT RESOLVED, and it is hereby resolved by the Town Council of the
Town of Los Gatos, County of Santa Clara, State of California, that the
Town of Los Gatos enter into that AGREEMENT entitled "EMPLOYMENT AGREE-
MENT", with Walter V. Hays of Herrick, Lundgren, Hays, Shaffer &
Lancefield (a copy of which is attached hereto); and
BE IT FURTHER RESOLVED that the Mayor 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 2nd
day of September , 1980, by the following vote:
AYES: COUNCIL MEMBERS Ruth Cannon
Peter W. Siemens, Brent N. Ventura
and Thomas J. Ferrito
NOES: COUNCIL MEMBERS Marlyn J. Rasmussen
ABSENT: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
SIGNED:
YO OF THE T LOS GATOS
ATTEST:
CLE C OF THE T014N LOS ATOS
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made this ,? day of
September, 1980, by and between the Town of Los Gatos,
a general law City of the State of California, herein-
after referred to as City, and Walter V. Hays of Herrick,
Lundgren, Hays, Shaffer & Lancefield, a legal association,
hereinafter referred to as Attorney.
RECITALS:
1. City desires to hire Attorney on a temporary,
part -time basis for a 90 -day period, pending determination
of how it wishes to permanently staff the City Attorney
position; and
2. Attorney represents himself to be professionally
qualified to perform all services required under this Agree-
ment, under the terms set forth therein;
NOW, THEREFORE, the parties agree as follows:
A. DUTIES OF ATTORNEY.
following:
The duties of the Attorney shall consist of the
1. General Duties.
a. Attend all regular and special meetings
of the City Council, and render advice and opinions on all
legal matters which may arise during such meetings. The
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exception shall be legal matters which may pertain to
special assessments or other proceedings wherein legal
services are provided by special counsel.
b. Attend all regular meetings of the Planning
Commission unless excused by the Chairman of the Commission
or the City Manager, and render similar legal advice and
opinions. Attendance at meetings of other Council - appointed
Board and Commissions may be required from time to time.
C. Establish office hours at City Hall of
at least 4 hours a week, on a day of the week and time to
be mutually agreed upon with the City Manager.
d. Prepare resolutions, notices, contracts,
ordinances, and other documents and papers necessary, or
appropriate, in matters pertaining to City business when
requested to do so by the City. Examine for legal suf-
ficiency all documents submitted to him by the City.
e. Cooperate with, and assist the City,
its officers, agents and employees, on all general legal
matters pertaining to the City.
f. Perform such other legal services for
the City as may be requested by the City Council.
2. Litiqation Duties.
a. Render the legal services required in
connection with all litigation to which the City is or
may be a party. He will also advise the City as to when,
in his opinion, outside counsel for litigation should be
retained.
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b. Represent the City in all legal pro-
ceedings, whether civil or criminal, required in the
enforcement of the City's ordinances.
3. Back -up.
Attorney shall provide another qualified
attorney to act in his place whenever he is absent for
any cause.
B. COMPENSATION.
City shall compensate Attorney for the fore-
going services as follows:
1. Retainer.
In exchange for attendance at 4 evening meetings
per month and 16 office hours /month at City Hall, City shall
pay Attorney a monthly retainer of $2,000.
2. Additional Non - Litigation Work.
For any City work other than litigation beyond
that compensated for by the monthly retainer, City shall
pay Attorney at the rate of $75 /hour.
3. Litigation.
For work on any matter as to which Court proceedings
have been commenced, City shall pay Attorney at the rate of
$85 /hour.
4. Costs.
City shall reimburse Attorney for all reasonable
costs incurred in connection with his services to the City,
including but not limited to the following:
a. Customary costs of litigation; provided,
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that the hiring of any expert shall be approved by the
Council.
b. All long- distance calls made from
Attorney's offices in Palo Alto.
C. Meals on the days when Attorney maintains
office hours in the City, or on other occasions where the
expense is necessarily incurred in connection with City
business.
d. Travel, meals and lodging expenses incurred
on business outside the County of Santa Clara for the City,
subject to approval by the Council.
C. GENERAL.
1. Nature Of Employment.
City is not hiring Attorney as an employee, but
as an independent contractor. However, Attorney shall be
considered an employee for purposes of California Government
Code §5 825- 825.6.
2. Term.
The term of this Agreement shall be 90 days,
commencing August 1, 1980. If Town decides to hire Attorney
on a permanent basis during said term, a new contract shall
be negotiated.
IN WITNESS WHEREOF, the parties have hereunto
set their hands on the date indicated above.
City Attorney
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