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AGREEMENT FOR LEGAL SERVICES
McCUNE & HARBER
THIS AGREEMENT is made this 15th day of December, 2009 by the CITY OF REDONDO BEACH, a municipal corporation, ("CITY"), and McCUNE & HARBER ATTORNEY").
RECITALS
The following recitals are a substantive part of this Agreement:
1. This Agreement is entered into pursuant to Redondo Beach City Council authorization on December 15, 2009.
2. The CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes ofthe State of California and the Charter of the City.
3. The CITY and ATTORNEY desire to enter into an Agreement for services upon the terms and conditions herein.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Term ofAgreement. This Agreement shall cover services rendered from December 15, 2009 and until terminated.
2. Services to be Provided. The services to be performed by ATTORNEY shall consist of the following: Legal Services as assigned by the City Attorney's Office.
3. Compensation. ATTORNEY shall be compensated as follows:
3.1 Amount. (Not to exceed $175.00 per hour). Compensation under this Agreement shall be paid only for assigned work and after approval of hourly billing statement by the City Attorney.
3.2 Payment. For work under this Agreement, payment shall be made per monthly invoice. _
3.3 Records of Expenses. ATTORNEY shall keep accurate records of time and expenses. These records will be made available to CITY.
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3.4 Hours. No specific number of hours of work is guaranteed. It is expected that Attorney'sservices will be on an as needed basis depending upon the work load.
3.5 Termination. CITY and ATTORNEY shall have the right to terminate this Agreement, without cause, by giving fifteen (15) days written notice.
4. Insurance Requirements.
4.1 Workers' Compensation Insurance. ATTORNEY shall maintain Workers' Compensation Insurance where applicable.
4.2 Insurance Amounts. ATTORNEY is not authorized to drive an automobile for the CITY or on CITY business.
4.3 Malpractice Insurance. ATTORNEY shall maintain malpractice insurance in an amount satisfactory to the City's Risk Manager.
5. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable for any default or liability under this Agreement.
6. Non-Discrimination. ATTORNEY covenants there shall be no discrimination based upon race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement.
7. Independent Contractor. It is agreed to that ATTORNEY shall work as an independent contractor and not as employee of CITY, and shall obtain no rights to any benefits which accrue to CITY'Semployees.
8. Compliance with Law. ATTORNEY shall comply with all applicable laws, ordinances, codes, and regulations ofthe federal, state, and local government.
9. Ownership of Work Product. All documents or other information developed or received by ATTORNEY in the course and scope ofwork for the City shall be the property of CITY. ATTORNEY shall provide CITY with copies of these items upon demand or upon termination ofthis Agreement.
10. Conflict of Interest and Reporting. ATTORNEY shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement. ATTORNEY agrees to complete and file a California State Form 730 disclosure statement ifrequired by the City Attorney.
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11. Notices. All notices shall be personally deliver
addresses. These addresses shall be used for deli
a. Address ofATTORNEY is as
McCUNE & HARBER
400 South Hope Street, Suite 720'
Los Angeles, CA 90071
b. Address of CITY is as follows:
City Attorney's
Office
415 Diamond Street
Redondo Beach, California 902"~
or mailed to the below listed
y of service ofprocess.
12. Licenses, Permits, and Fees. ATTORNEY sha 1 obtain an maintain a current California State Bar License, and all permits, es, or licenses as maybe required by this Agreement.
13. Familiarity with Work. By executing this A
that: (1) he has investigated the work to be pe
site of the work and is aware of all conditions
difficulties and restrictions ofthe work under
ATTORNEY discover any conditions materia
the work or as represented by CITY, it shall i~
not proceed, except at ATTORNEY'Srisk, ur
CITY.
X ement, ATTORNEY warrants
f rmed, (2) he has investigated the
h re; and (3) he understands the
s Agreement. Should
differing from those inherent in
ediately inform CITY and shall
i instructions are received from
14. Time of Essence. Time is ofthe essence in the
15. Limitations Upon Subcontracting ana Asses
any portion shall be assigned by ATTORNEY
ATTORNEY.
16. Authority to Ezecute. The persons executing
parties warrant that they are duly authorized to
17. Modification. This Agreement constitutes the
parties and supersedes any previous agreement;
maybe modified on provisions waived only by
agreement executed by CITY and ATTORNE~i
of this Agreement.
Neither this Agreement or
prior consent ofthe CITY
Agreement on behalf of the
ute this Agreement.
entire agreement between the
oral or written. This Agreement
cuhSeauent mutual written
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18. CaYifornia Law. This Agreement shall be construed in accordance with the laws ofthe State of California. Any action commenced about this Agreement shall be filed in the central branch of the Los Angeles County Superior Court.
19. Interpretation. This Agreement shall be interpreted as though prepared by both parties.
20. Preservation of Agreement. Should any provision of this Agreement be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable.
IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.
Date: ,U.IC C;~.~ 71~" Z ~`, ~~t~~ rl
ATTEST:
City Clerk
CITY OF REDONDO BEACH
By ,
Michael A. Gin, Mayor
APPROVED AS TO FORM:
w. ~~~
Michael W. Webb, City Attorney
Date: ~~.. bc~ 1 S, Z.po
4 C09-123
NOV- 200917-09:39 McCune&Harber 2136892501 P.005
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1$. California Law. This Agreement shall be construed in accordance with the laws ofthe State ofCalifornia. Any action commenced about thisA,grccment shall be Sled in the ccntrai branch ofthe Los Angeles County Superior Court. l9. >(nfierpretation. This Agreement shall be interpreted as though prepared by both parties.
20, Preservation ofA~reetnent. Should any provision of this Agreement be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable.
IN VVTTNESS 'lC)gEREQF, these parties have executed this Agreement on the day and year shown below,
Date: ~~ c ~ rn,~. er ls, ~v~ CITY OF REDONDO S~ACH
f
A T:
City Clerk
APPROVED AS TO ORM:
1 J, ~, ~~~
Michael W. Webb, City Attorney
Date: ~
B
Michael A. Gin, Mayor
o~
a
t
C- 12309-
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TOTAL P.005