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RESOLUTION NO. 81-2
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF UKIAH AUTHORIZING EXECUTION OF AGREEMENT
FOR CITY ATTORNEY SERVICES (MERLE ORCHARD)
BE IT RESOLVED that that certain agreement between the
City of Ukiah and Merle Orchard 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 2nd day of Jul~
by the following roll call vote:
AYES: Councilmember Riley, Feibusch, Snyder, Myers, Hickey
NOES: None
ABSENT: None
, 19~0,
ATTEST:
City Clerk
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COI~TRACT ?OR SERVICES
CITY ATTOR?IEY
THIS AGREEMENT, made this 2nd day of _.,J.u. ly , 1980, by
and between the CITY OF UKIAH, California, hereinafter referred to as
"City", acting by and through its City Council, and MERLE P. ORCHARD,
Attorney at Law, of the firm of Orchard and Johnson, 415 West Perkins
Street, Ukiah, California, hereinafter referred to as "Orchard".
l'11 T N E S S E T H :
In consideration of the mutual covenants and aareements herein
contained to be performed by the barites herein, it is hereby agreed that
Orchard shall be appointed as City Attorney of the City of Ukiah under
the following terms and conditions:
1. Term of Contract. This contract shall be for a period of
five (5) years, beginning on thc~ 31st day of July, 1980, and continuing
15 , until the 31st day of July, 1985.
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16 ; 2. Services Provided. As City Attorney, Orchard shall,
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17 : in accordance with applicable statutes and ordinances, provide the
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following professional services to City:
a. Attend all Council meetinas and advise Council on any legal
matters as required.
b. Review and comment on all resolutions, claims for damacles,
ordinances and contracts before City Council as requested by the City
Manager.
c. Be available for telephone consultation wi th City staff and
Council members.
d. Maintain City Code except for clerical duties.
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e. Advise Council, staff ,'~t~d commissioners on conflict statutes
and financial disclosure laws to insure timely and proper filing of
reports.
f. Act as Defense Attorney and fully represent City, its
officers and employees against lawsuits filed aqainst City.
g. Prosecute all legal action as directed by Council.
h. Attend staff meetings when requested by City Manager or
Council.
i. Prepare written legal opinions when requested by City
Manager or Council.
j. If a conflict occurs between City and a private client of
Orchard, Orchard will retain, at his own expense and with the approval
of the City, separate counsel for City. This does not include the out-
standing cases of Driggs vs. City and EsPinoza vs. City. Provided
further that such expense shall not exceed the sum of $1000.00.
k. On a quarterly basis, report to the City Council on status
of outstanding litigation against the City.
I. Represent the City, when required, in proceedings before the
City Civil Service Commission.
3. Compensation. In consideration for the work herein set
forth to be performed by Orchard, he shall be paid at the rate of ONE
THOUSAND FIVE HUNDRED DOLLARS ($1,500.00) per month, payable on the first
day of each month during the term hereof. The first month's salary shall
be prorated as of the first day of employment.
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4. Termination. Either p:-,rty may terminate this agreement by a
sixty (60) day written notice to the other.
Iii WITNESS WHEREOF, the parties hereto have set their hand the day
4 and year first above written.
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CITY OF UKIAH
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. _ :.," .: ',:./~..~ . /
Mayor ' ,
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AIIEST'
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