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RESOLUTION NO. 80-52
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF UKIAH APPROVING AN AGREEMENT WITH MERLE
ORCHARD FOR CITY ATTORNEY SERVICES
WHEREAS, Randall Hays has submitted his resignation
as City Attorney, effective February 8, 1980, and
WHEREAS, the City has need of legal services,
NOW THEREFORE, BE IT RESOLVED that that certain
agreement attached hereto and made a part hereof between
the City of Ukiah and Merle Orchard is hereby approved
and the Mayor and Clerk are authorized to sign the
Agreement on behalf of the City.
PASSED AND ADOPTED this 6th day of February, 1980, by
the following roll call vote:
AYES:Councilmembers Hickey, Myers, Simpson, Brannon, Snyder
NOES: None
ABSENT: NOne
ATTEST:
City Clerk
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CONTRACT FOR SERVICES
CITY ATTORNEY
THIS'AGREEMENT, made this 6th day of February, 1980,
by'and between the cITY OF UKIAH, California, hereinafter're-
ferred 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,
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hereinafter referred to as "Orchard",
W I T N E .S S E T tI :
In consideration of 'the mutual covenants and agreements
.,
herein contained to be~performed by the parties herein, it
is hereby agreed that Orchard shall be ~ppointed as City
Attorney of the City of Ukiah under the following t'erms and
conditions:
' 1. Term of Contract. This contract shall be for a
period of six (6.) months,' less the'nUmber of days'in Feb-
rua~y before it becomes effective, beginning on the llth
day of February, 1980, and continuing until the 31st day of
July, 1980.
· 2. Services Provided. As city Attorney, Orchard shall,
in accordance with applicable statutes and ordinances, pro-
vide the following prOfessional services to City:
a. Attend all Council meetings and advise Council
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required.
24 i! on any legal
matters
as
251i b. Reviewandcommentonallresoluti°ns, claims
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for damages, ordinanceS,. and contracts before City Council
as requested by the City [.lanager.
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c. Be available for telephone consultation with City
staff and Council members.
d. Maintain City Code except for clerical duties.
e. AdviSe Council, staff and commissioners on conflict
statutes and financial disClosure laws to insure timeiy and
proper filing of reports.
f. Act as Defense Attorney and ~fully represent City,.
its officers and employees against lawsuits filed against
g. Prosecute all legal action as-directed by Council.
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h. Attend staff meetings when requested by City
Manager or Council.
i. Prepare written legal opinions when requested by
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with the approval of the City,. separate counsel for City.
This does not include the outstanding cases of Driggs vs.
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
19 i':. City and Expinoza vs. City. Provided further that such expense
20 I! shall not exceed the sum of $1000.00.
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k. On a quarterly basis, report to the City Council on
Status ~of outstanding- litigation against the City.
1. .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
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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.
4. Termination. Either party may terminate this agree-
ment by a sixty (60) daY written notice to the other.
IN WITNESS WHEREOF,'the parties hereto have set their ·
hand the day and year .first above' written.
·
Merle P. Orchard Mayor~
ATTEST:
·
Clerk