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HomeMy WebLinkAbout*AGMT - Public Economics Inc. CONSULTING AGREEMENT City of Seal Beach Litigation Support Services THIS AGREEMENT is made and entered into this day of 2005, by and between Public Economics, Inc., hereinafter referred to. as "Consultant," and City of Seal Beach, hereinafter referred to as "Client" or "City." WHEREAS, Client and Client's attorney, Bowie, Arneson, Wiles & Giannone ( "Legal Counsel "), require special technical support and advice in preparing or modifying litigation, claims, settlement agreements, etc. relating to Client's foregone tax increment from the Seal Beach Surfside Redevelopment Project ( "Project "); and WHEREAS, Consultant is specially trained, experienced and competent to provide the required special technical support and advice; and WHEREAS, such services are needed on a limited basis; NOW, THEREFORE, Consultant and Client agree as follows: 1. Consultant will provide the special services and advice to Client, and will deliver the work products related thereto, as described in the Scope of Work attached hereto as Exhibit A. 2. Consultant will perform said services as an independent contractor and not as an employee of Client. Consultant shall be under the control of Client as to Consultant's Scope of Work but not as to the means or manner by which it is to be accomplished. This Agreement will continue in effect until the services provided for have been performed or until otherwise terminated by either party, as provided in paragraph 5 below. 3. Client will prepare and furnish to Consultant upon request any and all such information in its possession that Consultant reasonably deems necessary for performance of Consultant under this Agreement. 4. Client shall pay Consultant for services rendered to Client pursuant to this Agreement in accordance with the Budget, attached hereto as Exhibit B. In addition to payment of fees, Client shall reimburse Consultant for reasonable out -of- pocket expenses, including, but not limited to travel (at $0.35 per mile), clerical assistance costs (at $35 per hour), photocopying, courier services, database services or materials, and other reasonable out -of- pocket expenses. Consultant shall submit invoices to Client on a monthly basis showing specific services provided and expenses incurred. Such invoices are due and payable upon receipt. Except for services (if any) for which a fixed fee has been identified, all services shall be subject to application of the hourly fee schedule set forth in Exhibit B, unless such \SealBeach 2.doc Consulting Agreement • • City of Seal Beach Litigation Support Services Page 2 of 2 schedule has been superseded by another fee schedule, in writing, acceptable to Client in which Consultant modifies such hourly rates. 5. Client may at any time for any reason terminate this Agreement and compensate Consultant only for services rendered to, and including, the date of termination. Written notice by Client shall be required to stop further performance of service by Consultant. The notice shall be deemed given when received by Consultant. Notwithstanding the above, Consultant shall also be compensated for expenses incurred and time subsequently spent on Client's behalf in court appearances, testimony, deposition, or discovery proceedings, and/or preparation related thereto. 0 7. This Agreement is not assignable without written consent of both the parties hereto. 8. Consultant shall comply with all applicable federal, state and local laws, rules, regulations, and ordinances regarding its employees, including workers' compensation. 9. Client acknowledges that Consultant may at various times perform services for other public agencies with jurisdiction over the same geographic territory as City and for certain private parties interested in development projects within the boundaries of City. Consultant agrees to make appropriate and timely disclosure of such relationships and the parties hereto agree that nothing in this Agreement is intended to imply that Consultant is a "public official," "participating in a governmental decision" or has a "financial interest" as such terms are used in California Government Code Section 87100. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed: Dated: Public Economics, Inc. 820 W. Town and Country Road Orange, California 92868 By: Dante Gumucio, CEO Dated: 6 1 < City of Se. Be : A A By: All Its: / C I/ , / `MA e \SealBeach_2.doc EXHIBIT A • Litigation Support Services Scope of Work The Scope of Work includes, but is not necessarily limited to, the following tasks: 1. Technical Support for Claims/Litigation. At request of Client or Legal Counsel, before or after filing of claim and/or litigation regarding payments owed Client from Project, and except for services included in Task 2, consult with Client or Legal Counsel regarding technical and other issues involving payments to Client from Client's share of foregone tax increment ( "TI ") from Project. This includes verbal and electronic communications; technical research; preparation of written materials, spreadsheets, or other analyses; attendance at meetings; and assistance with the discovery process.. 2. Testimony /Settlement for Claims/Litigation.' At request of Client or Legal Counsel, present, prepare, or prepare for, the following: declarations, depositions, or other testimony by Consultant, including expert witness testimony. Also assist in drafting, reviewing, or otherwise preparing petitions, claims, settlement proposals, agreements, and other legal documents. Time Frame for Completion of Scope of Work To the extent possible Consultant will complete all tasks of the Scope of Work in the time frame requested by Client or Legal Counsel. Limitations Additional work ( "Additional Work ") is defined as tasks or services required or requested that are not expressly identified above, or that take more time than anticipated due to actions of Client, Legal Counsel, County Auditor - Controller, or other parties, and which are beyond Consultant's control. Because Additional Work may result in additional fees or costs, Additional Work (if any) will be performed only at the express written request of Client or Legal Counsel, and will be clearly identified in each monthly invoice. EXHIBIT B City of Seal Beach Litigation Support Services Budget The tasks shown in Exhibit A will be completed on a "time and materials" basis, subject to an initial, not -to- exceed Budget allowance of $2,000. Hourly billing rates for Task 1 are as follows: Principal $195 Consultants* $125 to $185 Research Assistants $95 * Specific billing rates will depend on expertise of individual professional performing the work. Hourly billing rates for Task 2 are as follows: Principal • $225 Consultants* $135 to $200 Research Assistants $95 Tasks performed jointly for Client and other parties represented by Legal Counsel will be billed using reduced hourly rates. While representing multiple clients involves additional time and expense for Consultant, economies of scale on many tasks result in substantially lower overall costs to each client, including the City. The initial Budget allowance may or may not be sufficient to complete all aspects of either or both tasks in the Scope of Work required or requested by Client or Legal Counsel. However, if PEI can complete required or requested tasks for less than the Budget allowance, Client will be billed only for the work actually performed. General Conditions As set forth in the Agreement, costs to Consultant of incidental expenses pertaining to this Scope of Work will be charged on a cost recovery basis, including corresponding data fees and charges (if any) of the Orange County Auditor - Controller. Consultants will submit monthly invoices to Client as set forth in Agreement. Each monthly invoice will show specific services provided and expenses incurred. Some or all of the cost of services rendered under this Agreement may, with the approval of Legal Counsel, be reimbursed to City's general fund, in whole or in part, from the proceeds of any award or settlement resulting from claims or litigation corresponding to the Scope of Work.