HomeMy WebLinkAbout84-02 RESOLUTION NO. 84-2
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF UKIAH AUTHORIZING EXECUTION OF AGREEMENT
FOR CITY ATTORNEY SERVICES (DAVID RAPPORT AND
LAW OFFICES OF RAPPORT AND MARSTON
BE IT RESOLVED that that certain Agreement between the
City of Ukiah and David Rapport for City Attorney services
attached hereto and made a part hereof is hereby approved and the
Mayor and Clerk are authorized to sign same on behalf of the
City.
PASSED AND ADOPTED this 6th day of July ,
1983, by the following roll call vote:
AYES: Counci lmembers Fei busch, Dickens, Hickey, Kelley
NOES: None
ABSENT: Counci lmember Myers
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MAYOR
ATTEST:
City Clerk y t
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CONTRACT FOR LEGAL SERVICES
CITY ATTORNEY
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4 THIS AGREEMENT, made this day of 1983 is by
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and between the CITY OF UKIAH, California, hereinafter referred to as---- -
"City" acting by and through its City Council, and DAVID J. - RAPPORT, and
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� the Law Offices of Rapport and Marston, hereinafter referred to as
"Attorney":
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•� 1. RETAINER OF ATTORNEY. City shall retain Attorney as its City
10 Attorney, and Attorney shall provide City with advice, counsel and
111 representation in municipal legal matters and litigation pursuant to
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the terms and conditions hereafter set forth.
13 2. LEGAL SERVICES. Attorney shall provide the following legal services:
14 2.1 Meetings. He shall attend all meetings of the City Council, and
15 all meetings of the Planning Commission where his attendance s
16 requested by the Planning Commission, City Council, or City
17 Manager. He shall attend City staff meetings when requested by
18 the City Manager.
19 2.2 Preparation of Ordinances, Etc. . He shall draw, review and
20 comment on ordinances, resolutions and documents at the request
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21 of City Council or a member thereof, or City Manager, or City
22 Clerk.
23 2.3 Legal Advice. He shall provide City with advice and counsel in
24 oral or written form pertaining to municipal legal matters at
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the request of the City Council, City Manager, or City Clerk,
26 including but not limited to resolutions, claims for damages,
27 ordinances and contracts. He shall be available for consulta-
28 tion with City staff and Councilmembers.
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2.4 City Code. He shall maintain the City Code except for clerical
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duties.
2.5 Other Legal Services. He shall provide legal services to City:
2.5.1 In accordance with audits, grant applications, and
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matters pertaining to funding sought or obtained from
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rom.--6 other governmental entities.
7 2.5.2 In connection with planning, zoning and environmental
-'review- of major capital' projects proposed within the
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` City. As used herein, a "major capital improvement" is a
10 public or private project involving a total capital
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outlay of more than one million dollars..
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2.5.3 In advising Council, staff and commissioners on conflict
13 statutes and financial disclosure laws to
insure timely
14 and proper filing of reports.
15 2.5.4 On a quarterly basis, or more often if necessary in
16 Attorney's opinion, report to the Council on the status
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of outstanding- litigation a ainst the Cit .
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18 3. Litigation. At the request of the Cit Council Attorney orney shall
19 represent the City in litigation. "Litigation", for
purposes of this
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agreement, means any proceedings in any court or before any local,
21 State or Federal administrative a enc
g y, including but not limited to
22 the following services:
23 3.1 Acting as Defense Attorney and fully represent City, its
24 officers and employees. against lawsuits filed against City.._,
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` 3.2 Prosecuting all legal action as directed by Council.
26 r 3.3 Representing the: City, when required,°: in proceedings before the
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City Civil Service Commission.
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1 4. MANNER OF PROVIDING SERVICES. Attorney will provide the services
2 identified in #2 above
(services other than litigation) and #3 above
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(litigation) primarily through David Rapport ("Rapport") , except as
4 I specifically provided herein:
y 4.1 While Rapport shall attend all meetings as provded_ in 2.1
above, Lester Marston "Marston"
( ) may act as a substitute on an
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occasional basis if Rapport is unable to attend because of an
annual vacation, illness or unavoidable conflicting commitment.
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4.2 Under Rapport's direction Marston may assist in providing
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services listed in 2.2 through 2.5 above.
11 4.3 If services are re uested under #3 (litigation) ,) , under Rapport's
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direction, and upon approval of the City, Marston may assist in
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representing the City.
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S. PRIVATE PRACTICE. Attorney shall be entitled to maintain an active
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private law practice in the City of Ukiah but will not represent
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private clients who have a claim adverse to or against the City.
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Attorney agrees not to represent defendants in criminal cases where
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the Ukiah Police Department is the arresting agency, or where
19 officers of the Department have been substantially involved in
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investigation of the alleged offense.
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If a former client of Attorney asserts a claim adverse to or in
22 conflict with an interest of the City or against the City, and
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representation of the City would pose a conflict of interest for
24 Attorney, he will
promptly disclose the potential conflict to the
25 City Manager and the Council and assist the City in obtaining
26 separate legal representation acceptable to the City.
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l ; 6. COMPENSATION AND EXPENSE REIMBURSEMENT. City agrees to compensate
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21� Attorney for all legal services, and to reimburse him for expenses
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incurred in City's behalf, as follows:
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6.1 Retainer. City shall pay Attorney upon submission of a monthly
JIbilling $1500 per month, or such greater amount as the City - �
6k Council may hereafter authorize by resolution, as compensation
7 for 30 hours of legal services per month. Should less than 30
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hours of`legal services be provided in any month, the difference
ybetween the hours worked and 30 hours would carry forward into
10 the following month as a credit to the City.
11 6.2 Additional Hours. Cit shall
City pay Attorney for all legal
12 services requested by City and provided by Attorney in excess of
13 30 hours per month and any accumulated hours carried forward
at
14 � the rate of $50.00 per hour. Litigation services shall be
15 billed separately at the rate of $65.00 per hour regardless of
16 whether those services are performed out of court, in
17 preparation for a court appearance or trial in court.
18 6.3 Travel Reimbursement. If Attorney is requested to travel
19 outside of the City of Ukiah on City business City shall
20 reimburse him for all travel expenses actually incurred,
21 including reasonable charges for meals, lodging,g g, mileage, air
fare, taxi service, ground transportation, parking fees, bridge
23 tolls, and other similar charges.
2A 6.4 Telephone and Copying. The City shall reimburse Attorney
for
r all reasonable costs advanced by . him on the City's behalf,
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26 including but not limited to: long distance telephone charges,
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1 telegraph charges, copying charges, charges for recordation and
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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
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behalf, including but not limited to court filing fees, jury----
fees,
ury.fees, witness fees, -deposition . costs, costs of obtaining
documents by .'subpoena, and other ordinary .'.and necessary
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ti 8. ; litigation-expenses.-.- ..
9 (i 7. TERMINATION OF AGREEMENT. Either party may terminate this Agreement
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by a thirty (30) day written notice to the other. In the event of f
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termination Attorney shall receive compensation for all hourly
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charges then due and a
g portion of the $1500 monthly payment pro—rated
13 to the termination date based on a thirty 30 day month.v
14 8. INDEMNIFICATION. City agrees to indemnify and hold Attorney harmless
15 from any and all claims, demands, causes of actions, suits and
1� judgments, advanced by any person or persons other than City, whether
17 or not meritorious, which arise" in any way out of Attorney's
18 performance of his duties under this agreement, or out of his holding
19 the office of City Attorney. City's duty to indemnify shall include
20 a duty to defend Attorney in any threatened or pending litigation,
21 ' and to a for or reimburse Attorney fo
pay y r counsel fees and litigation
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expenses reasonably incurred in defense of such threatened or pending
2311 litigation.
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9. FEE _ ARBITRATION. At City's option,,.pany dispute relating to fees
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claimed by Attorneyunder this agreement shall be submitted to
26 arbitration pursuantto California Business and. Professions Code.
27 §6200, and the State Bar regulations thereunderromul ated.
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1 10. TERM. This agreement shall be effective for a period of six months �
2 beginning July 1, 1983 and continuing until December 31, 1983.
3 IN;WITNESS WHEREOF, the parties gave,executed this agreement on the ,
4 date(s) indicated below.
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04.4., DATED:
David J. ap
_. _ . : rt � tO. ne
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n•- DATED:-Z, r `
11 Mayor
12 ATTEST:
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14 City Clerk
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Ilk
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