HomeMy WebLinkAboutAGMT - Bowie, Arneson, Wiles & Giannone AGREEMENT BETWEEN
CITY OF SEAL BEACH
AND BOWIE, ARNESON, WILES & GIANNONE
FOR GENERAL LEGAL SERVICES
THIS AGREEMENT, is made and entered into this 10th day of November, 2004, by and
between CITY OF SEAL BEACH, hereinafter referred to as "City ", and BOWIE, ARNESON,
WILES & GIANNONE, Attorneys at Law, whose offices are located at 4920 Campus Drive,
Newport Beach, California, hereinafter referred to as "Attorneys ".
RECITALS:
WHEREAS, City desires to retain Attorneys for the purpose of review, analysis and
recommendations regarding tax allocations for redevelopment property taxes for Seal Beach
Redevelopment Agency Surfside Project Area ( "Legal Services ") as requested by City, in its sole
discretion, from time to time.
NOW, THEREFORE, in consideration of the promises, covenants and conditions set forth
herein, the parties hereto do mutually agree as follows:
1. City hereby retains Attorneys to provide the herein described Legal Services.
Attorneys agree to render and perform the Legal Services as requested by City on the
basis set forth in this Agreement.
2. Attorneys agree to confer with staff of the City, give required legal advice and
prepare all necessary documents as may be requested by City from time to time
relative to the Legal Services.
3. If requested by City, Attorneys shall, in conjunction with the staff of City, prepare
various informal or formal written reports to the board of City together with various
recommendations in regard to the Legal Services and related matters as well as meet,
confer and negotiate with other parties or public agencies on behalf of City. The
Legal Services also may include, but not be limited to, the review, preparation and
negotiation of written agreements; the making of appearances on behalf of City and
the initiation or defense of litigation or administrative proceedings.
4. As payment in full for the Legal Services provided pursuant to this Agreement,
Attorneys shall furnish to City a request for payment with such reasonable detail as
is requested by City at the conclusion of each billing period during a calendar month.
This shall include an itemization by attorney, date and description of work in regard
to the Legal Services whether or not a charge has been made to City for the work
reflected as being provided pursuant to the request for Legal Services by the City or
its staff. Any such amounts shall be billed and paid monthly by City. All statements
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shall be in a form and in such detail as desired by City. Payment shall be made by
City within 30 days of receipt of the monthly invoice. Attorneys may include interest
at eight percent (8 %) per annum on any unpaid balance after forty -five (45) days of
receipt of invoice by City.
Legal Services to be provided by Attorneys hereunder shall be billed at the hourly
rate as follows:
Partners $210.00 per hour
Senior Associates $195.00 per hour
Associates $185.00 per hour
Paralegal $50.00 per hour
Legal Services pertaining to litigation provided by Attorneys hereunder shall be
billed at the hourly rate as follows:
Partners $225.00 per hour
Senior Associates $210.00 per hour
Associates $200.00 per hour
Paralegal $50.00 per hour
5. In addition to the foregoing hourly rates for the Legal Services provided by
Attorneys, Attorneys shall be reimbursed for out -of- pocket expenses including, but
not limited to, telephone, copier, fax, computer- assisted legal research and messenger
charges which are incurred in regard to providing the Legal Services to City.
6. Attorneys serve at the pleasure of City and this Agreement may be terminated by
either City or Attorneys ten (10) calendar days following the date of service of
written notice of termination by the terminating party on the non - terminating party.
In the event services are terminated, Attorneys shall be compensated for all Legal
Services previously rendered to the date of termination at the hourly rates specified
in Section 4 of this Agreement.
7. All notices, letters or other communications authorized or required by this Agreement
shall be deemed transmitted, served and effective for all purposes on the date they are
reduced to writing, deposited in the United States Mail, postage prepaid, and
addressed as follows:
To City:
City of Seal Beach
City Hall
211 Eighth Street
Seal Beach, CA 90740
Attention: City Manager
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To Attorneys:
Bowie, Arneson, Wiles & Giannone
4920 Campus Drive
Newport Beach, CA 92660
Attention: Wendy H. Wiles, Esq.
8. Attorneys at all times in the performance of this Agreement are independent
contractors and not employees of the City and shall secure the payment of
compensation for themselves and their employees in accordance with the provisions
of the Labor Code Section 3700.
9. City agrees that in the event City is merged or consolidated with another public
agency, such successor agency shall assume all obligation for payment of the
outstanding unpaid principal amount of all Legal Services and associated expenses
owed Attorneys under this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day,
month and year first herein written. -----7
CITY ' SE,. =i B , CH p
By.--- ' I
:.0 E , ARNESON, WILES & GIANNONE
By: L �C 1. !:: 4 L 1
Wendy H. W. les
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