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Home My WebLink About*AGMT - Ferguson, Praet & Sherman City of Seal Beach FILE REFERENCE FORM DATE: 1— (7 " 20 Initials: \.V Full file — Created New Folder: Older file exists: Related topic: see below File contains records — NOT PUBLIC (Public Records Act) Other: Comments: CC 4 /- j 7 - /2 - 1 q'q pur cos/ ficove- Lkpfr P eltaUSON PXe:r & s+t EIQ.MAN PIA 1 cast Re f,ov :.v„ 1 01 -13 - kmAkw �l i► -44. (.Ceef £ 'F 1 • . D. t • ! erwf I•Y..rt N I: LAW OFFICES FERGUSON. PRAET 8c SHERMAN A PROFESSIONAL CORPORATION 1631 EAST 18TH STREET SANTA ANA, CALIFORNIA 92705 TELEPHONE (714) 953 -5300 FAX (714) 953 -1143 ATTORNEY SERVICES AGREEMENT WHEREAS, the City of Seal Beach (hereafter "City ") incurs costs when providing emergency services in response to incidents proximately caused by persons under the influence of an alcoholic beverage or drugs; and WHEREAS, Government Code § § 53150 et seq., expressly provide that such persons shall be liable in contract to the public entity for the providing of such emergency services up to One - Thousand Dollars ($1,000,000) per incident; and WHEREAS, City desires assistance in the institution of appropriate proceedings to recovery the costs of providing such emergency services; and WHEREAS, the Law Firm of Ferguson, Praet & Sherman, a Professional Corporation (hereafter "Law Firm ") specializes in representing public entities in police and fire litigation and has an operative program designed to facilitate the recovery of such costs on behalf of the city. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. City retains Law Firm to represent its interests in the recovery of reasonable emergency expenses incurred in the response to incidents proximately caused by persons under the influence of an alcoholic beverage or drugs as such cases are provided to Law Firm by the City. 2. In such cases, City agrees that its authorized employees shall cooperate fully and directly with Law Firm in providing reports and other information necessary to prosecute any legal action to recovery such costs. 3. Law Firm agrees to advance all reasonable and necessary costs for the advancement of any such action. Any costs advanced by Law Firm shall be deducted from the gross settlement or recovery of each case. 4. Law Firm shall receive a FEE of one -third (1/3) of the net recovery of all amounts recovered, in any manner, whether by way of settlement, judgement or otherwise. 5. While Law Firm agrees to extend its best efforts to recover the allowable amount in each case, it is recognized that any representations or guarantees as to the ultimate outcome of any litigation, and all expressions relative thereto are matters of opinion only. 6. It is further recognized by the parties that circumstances may in certain cases and from time to time disclose that continued prosecution of a case may not be cost effective. Law Firm therefore retains full discretion and authority to withdraw from any case or, upon notice to the City , dismiss any such action initiated on behalf of City. 7. City also retains full discretion to instruct and cause Law Firm, upon written notice, to dismiss any action initiated on its behalf. If, however, City discharges Law Firm on any or all cases commenced by Law Firm, City agrees to give a lien against any and all proceeds which might ultimately be paid by way of settlement, judgment, award or otherwise arising from the matter Law Firm was handling for City. 8. City expressly agrees to give Law Firm full authority to negotiate, settle or compromise any such case initiated on behalf of City. -2- 9. City agrees and extends to Law Firm the right to endorse a check, draft or other instrument for the payment of money, in the name of or on the behalf of the City and to retain Law Firm's share and sums out of any money received by settlement, judgement or otherwise. 10. City authorizes Law Firm to employ the services of investigators, collection agencies, attorney services or other reasonable services whose fees shall be chargeable as an advanced cost. 11. Law Firm agrees to establish a separate trust fund on behalf of City for the deposit and distribution of all fees and amounts in accordance with the terms of this agreement. Such funds shall be disbursed at reasonable intervals in accordance with the volume and progress of cases handled by Law Firm on behalf of the City. 12. Law Firm agrees to provide City with periodic written progress reports and City retains the right to review the files and accounts of Law Firm on those cases commenced pursuant to this Agreement. 13. This writing shall constitute the entire Agreement between the parties with respect to the subject matter hereof and this Agreement shall commence upon the execution of authorized representatives of each party hereto. Dated: 71j� -/ 9 CITY OF J-01 h By: Id L Aiaebtoc Title: II �! - �f • Dated: i 1 1(, J q \ FERGUSON, PRAET & SHERMAN A Professional Corporation B - . --•■■".CD By: � -3- . t . EXHIBIT A The agreement between the Law Firm of Ferguson, Praet & Sherman and the City of Seal Beach for D.U.I. Cost Recovery Program shall be terminated upon 30 days written notice by either party. Dated: I l 1 CITY OF Ad 1_,,,t h By: A/Aid Vda Title: / . �' L, -1/ Dated: 1 11(p t "1 ° l FERGUSON, PRAET & SHERMAN A Professional Corporation By: 1 Ls By: V ? .�