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CONTRACT FOR LEGAL SERVICES
CITY ATTORNEY
THIS AGREEMENT, made this day of 1983 is by
and between the CITY OF UKIAH, California, hereinafter referred to as
"City", acting by and through its City Council, and DAVID J. RAPPORT, and
the Law Offices of Rapport and Marston, hereinafter referred to as
"Attorney
1. RETAINER OF ATTORNEY. City shall retain Attorney as its City
Attorney, and Attorney shall provide City with advice, counsel and
representation in municipal legal matters and litigation pursuant to
1 the terms and conditions hereafter set forth.
2. LEGAL SERVICES. Attorney shall. provide the following legal services,
2.1. Meetings. He shall attend all meetings of the City Council, and
all meetings of the Planning Commission where his attendance
requested by the Planning Commission., City Council, or City
Manager. He shall attend City staff meetings when requested by
the City Manager.
2.2 Preparation of Ordinances, Etc.. He shall draw, review and
comment on ordinances, resolutions and documents at the request
II of City Council or a member thereof, or City Manager, or City
Cleric.
2.3 Legal Advice. He shall provide City with advice and counsel. in
oral or written form pertaining to municipal legal matters at
the request of the City Council, City Manager, or City Clerk,
including but not limited to resolutions, claims for damages,
ordinances and contracts. He shall be available for consulta-
tion with City staff and Councilmembe-rs.
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2„4 City Code. lie shall maintain the City Code except for clerical
duties,
2,5 Other Legal. Services. He shall. provide legal services to City,
2.5.1 In accordance with audits, grant applications, and
matters pertaining to funding sought or obtained from
other governmental entities.
2,5.2 In connection with planning, zoning and environmental
review of major capital projects proposed within the
City. As used herein, a "major capital. improvement" is a
public or private project involving a total capital
outlay of more than one million dollars.
2®503 In advising Council, staff and commissioners on conflict
statutes and financial disclosure laws to insure timely
and proper filing of reports.
2.5.4 On a quarterly basis, or more often if necessary in
Attorney°s opinion, report to the Council on the status
of outstanding litigation against the City.
3< Litigation. At the request of the City Council, Attorney shall
represent the City in litigation. "Litigation", for purposes of this
agreement, means any proceedings in any court or before any local,
State or Federal administrative agency, including but not limited to
the following services;
381 Acting as Defense Attorney and fully represent City, its
officers and employees against lawsuits filed against City.
3.2 Prosecuting all legal action as directed by Council,
3.3 Representing the City, when required, in proceedings before the
City Civil Service Commission.
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1 5.
MANNER OF PROVIDING SERVICES. Attorney will provide the services
identified in #2 above (services other than litigation) and #3 above
(litigation) primarily through David Rapport ("Rapport"), except as
specifically provided herein:
4.1 While Rapport shall attend all meetings as provided in 2,1
above, Lester Marston ("Marston") may act as a substitute on an
occasional basis if Rapport is unable to attend because of an
annual vacation, illness or unavoidable conflicting commitment.
4.2 Under Rapport's direction Marston may assist in providing
services listed in 242 through 2®5 above.
4.3 If services are requested under #3 (litigation), under Rapport's
direction, and upon approval. of the City, Marston may assist in
representing the City.
PRIVATE PRACTICE. Attorney shall be entitled to maintain an active
private law practice in the City of Ukiah but will not represent
private clients who have a claim adverse to or against the City.
Attorney agrees not to represent defendants in criminal cases where
the Ukiah Police Department is the arresting agency, or where
officers of the Department have been substantially involved in
investigation of the alleged offense.
If a former client of Attorney asserts a claim adverse to or in
conflict with an interest of the City or against the City, and
representation of the City would pose a conflict of interest for
Attorney, he will promptly disclose the potential conflict to the
City Manager and the Council and assist the City in obtaining
separate legal representation acceptable to the City.
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6. COMPENSATION AND EXPENSE REIMBURSEMENT. City agrees to compensate
Attorney for all. legal services, and to reimburse him for expenses
incurred in City's behalf, as follows:
6.1 Retainer. City shall pay Attorney upon submission of a monthly
billing $1500 per month, or such greater amount as the City
Council may hereafter authorize by resolution, as compensation
for 30 hours of legal services per month. Should less than 30
hours of legal services be provided in any month, the difference
between the hours worked and 30 hours would carry forward into
the following month as a credit to the City.
6.2 Additional Hours. City shall pay Attorney for all legal
services requested by City and provided by Attorney in excess of
30 hours per month and any accumulated hours carried forward at
the rate of $50.00 per hour. Litigation services shall be
billed separately at the rate of $65.00 per hour regardless of
whether those services are performed out of court, in
preparation for a court appearance or trial in court.
6.3 Travel Reimbursement. If Attorney is requested to travel
outside of the City of Ukiah on City business City shall
reimburse him for all travel. expenses actually incurred,
including reasonable charges for meals, lodging, mileage, air
fare, taxi service, ground transportation, parking fees, bridge
tolls, and other similar charges.
6.4 Telephone and Copying. The City shall reimburse Attorney for
all reasonable costs advanced by him on the City's behalf,
including but not limited to; long distance telephone charges,
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telegraph charges, copying charges, charges for recordation and
certification of documents, and non-routine postal. expenses.
6.5 Litigation Expenses. City shall reimburse Attorney for all
litigation expenses actually advanced by Attorney on City's
behalf, including but not limited to court filing fees, jury
fees, witness fees, deposition costs, costs of obtaining
documents by subpoena, and other ordinary and necessary
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litigation expenses,
TERMINATION OF AGREEMENT. Either party may terminate this Agreement
by a thirty (30) day written notice to the other. In the event of
termination Attorney shall. receive compensation for all. hourly
charges then due and a portion of the $1500 monthly payment pro rated
to the termination date based on a thirty (30) day month.
INDEMNIFICATION. City agrees to indemnify and hold Attorney harmless
from any and all. claims, demands, causes of actions, suits and
judgments, advanced by any person or persons other than City, whether
or not meritorious, which arise in any way out of Attorney's
performance of his duties under this agreement, or out of his holding
the office of City Attorney. City's duty to indemnify shall include
a duty to defend Attorney in any threatened or pending litigation,
and to pay for or reimburse Attorney for counsel. fees and litigation
expenses reasonably incurred in defense of such threatened or pending
litigation,
FEE ARBITRATION. At City's option, any dispute relating to fees
claimed by Attorney under this agreement shall be submitted to
arbitration pursuant to California Business and Professions Code
§6200, and the State Bar regulations thereunder promulgated.
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1.0® TERM. This agreement shall- be effective for a period of six months
beginning July 1, 1983 and continuing until December 319 1983.
IN WITNESS WHEREOF, the parties have executed this agreement on the
date(s) indicated below.
David J. apport, Atto ne
DATED: J K y 7. 5 Y3
Mayor
ATTEST:
City Clerk
DATED: 6