AGREEMENT BETWEEN CIVICA LAW GROUP
AND THE CITY OF SAN CLEMENTE
FOR MUNICIPAL CITATION LEGAL SERVICES
I. PARTIES AND DATE.
This agreement ("Agreement") is made and entered into on March l_, 2023 by and between the CITY 01' SAN CLEMENTE ("City"), and CIVICA LAW GROUP, APC, a California Professional Corporation engaged in the practice of law in the State of California ("Consultant").
Consultant and the City are sometimes individually referred to herein as "Party" and collectively as "Parties." In consideration of the mutual promises set forth herein, the parties agree to the terms of this Agreement as set forth herein.
2. RECITALS.
2.1 The City wishes to engage the services of Consultant to provide municipal citation support services as described further in this Agreement. Consultant wishes to provide all such services and has the necessary expertise and competency to provide such services.
3. TERMS.
3.1 Scope of Services. Consultant shall provide legal advice, representation and assistance to the City regarding Orange County Sheriffs Department or City issued criminal citations based on the municipal code, and shall act as the primary prosecuting authority on the City's behalf for municipal code violations. Consultant shall report on a regular basis to the City regarding the status and dispositions of cases referred to Consultant.
3.2 Responsibilities of Attorneys and Client. Consultant shall fully cooperate with the City and will keep the City and its staff informed of the status and progress of all pending matters and all legal matters of importance with which Consultant is involved. Consultant will manage and control the delivery of all legal services described hereunder in a professional, competent, and cost-effective manner. The City agrees to provide all information and documentation necessary for the attorneys at Consultant to perform their obligations under this Agreement.
3.3 Compensation. l'or all legal services provided in this Agreement, the City will pay a flat fee to Consultant in the amount of $33,200 for fiscal year 2022-2023, which shall be paid in equal monthly installments. Starting in fiscal year 2023-2024 the City will pay a flat fee to Consultant in the amount of $99,600 per fiscal year, which shall be paid in equal monthly installments. Such compensation excludes services for trials and writs/appeals, given their unpredictable and unforeseeable nature, and shall exclude costs as provided in Section 3.4, which shall be reimbursed separately by or directly paid by the City.
Consultant's employment and compensation is in no way contingent on any result or outcome, or its exercise of its prosecutorial discretion in determining whether or how to file cases referred to it or prosecutions or dispositions thereof. Consultant cannot and does not represent, promise or guarantee any particular outcome. Consultant shall correspond closely with, receive I
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