Via Email to [email protected]
June 13, 2022
Merritt Perry, City Manager
City of Fortuna
621 11th Street
Fortuna, CA 95540
Re: Legal Services Agreement
Dear Merritt:
Thank you for choosing the Law Office of Clare M. Gibson (“Law Office”) to provide legal services to the City of Fortuna (“City”). This letter sets forth our agreement for legal services that I will provide to the City and my fees for those services (“Agreement”).
1. Scope of Services. I will provide the following legal services to the City: advice on public contract, procurement, and construction law issues (“Services”). The Services may be extended to other matters by mutual agreement confirmed in writing. This Agreement does not include nor extend to litigation services. Additional information about my experience and available services can be found on my website: www.claregibsonlaw.com.
2. Execution and Effective Date. I will have no obligation to provide the Services until this Agreement is fully executed but upon full execution the effective date of this Agreement is deemed to be June 13, 2022.
3. Fees and Expenses. My current hourly rate is $385 per hour through June 30, 2023. My hourly rate is subject to reasonable annual adjustment and I will notify you in advance of rate adjustments. My time is billed in six-minute increments with no minimum billable time. If I incur special costs from any third-party vendor to provide the Services the monthly invoice will include direct reimbursement for such costs with no markup. No administrative charge will be added for normal overhead costs including online legal research or routine photocopies.
Merritt Perry, City Manager
April 30, 2022
4. Client Duties. The City will provide full information and documents necessary to provide the Services and will advise of any new information or developments which may affect delivery of the Services.
5. Billing and Payment. Monthly invoices will be emailed to your attention unless otherwise specified and are due within 30 days of receipt. If you have any questions about an invoice, please feel free to email me at [email protected] or call me at 510.858.0910.
6. Termination. The City may terminate this Agreement at any time by written notice, and upon receipt of such notice I will stop providing the Services. I will cooperate with you in the orderly transfer of file materials to the City’s new counsel. The Law Office may terminate this Agreement at any time with the City’s consent or for any of the circumstances set forth in Rule
1.16(b) of the California Rules of Professional Conduct for lawyers.
7. Paperless Office. The Law Office does not maintain paper files. Correspondence pertaining to the Services will be transmitted via email, and documents pertaining to the Services will be maintained in secure cloud-based storage. Following receipt of a written request from the City, I will arrange for electronic transmission of all or part of the electronic document files maintained by the Law Office for the Services. The Law Office reserves the right to delete any remaining electronic document files for the Services without further notice to the City after five years following the date of the final invoice sent to the City for the Services.
8. Insurance. During the term of the Agreement, the Law Office will maintain professional errors and omissions insurance and will provide proof of insurance upon request by the City.
9. No Tax Advice. The City has not retained the Law Office to provide tax advice concerning any of the Services. The City understands that documents prepared or reviewed as part of the Services may have tax ramifications. The City should consult with a qualified tax advisor for any potential tax consequences or tax advice.
10. Modification. Any modifications or additions to this Agreement must be made in writing signed by both parties.
11. Entire Agreement. This Agreement, including any authorized amendments, contains our entire agreement regarding the Services and completely supersedes any prior agreements or understandings.
Merritt Perry, City Manager
April 30, 2022
12. Acceptance. By signing below you agree that the terms of this Agreement are accepted by the City. You may affix your electronic signature using a service such as DocuSign or you may return a PDF copy of the signed Agreement to me via email at [email protected].
I appreciate the opportunity to provide legal services to the City.
Sincerely,
LAW OFFICE OF CLARE M. GIBSON
Clare M. Gibson
These terms are accepted and agreed to:
______________________________
Merritt Perry, City Manager
City of Fortuna