SAN JUAN CAPISTRANO, CITY OF (8)AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT is made this 19th day of October, 1993 by and between
the City of San Juan Capistrano, hereinafter referred to as "CITY," and the Capistrano
Valley Water District, hereinafter referred to as "DISTRICT."
WHEREAS, District desires to obtain legal services as hereinafter provided; and,
WHEREAS, City employs a City Attorney who is a duly qualified and licensed
attorney to practice law under the laws of the State of California; and,
WHEREAS, the City has consented to provide services of City Attorney on a
contract basis to District.
NOW, THEREFORE, BE IT RESOLVED, between District and City as follows:
1. LEGAL SERVICES/COMPENSATION
City Attorney shall provide General Counsel Services consisting of personally
attending all board meetings and other meetings as may be required for and on behalf
of the District, preparing and/or reviewing legal documents, and consulting from time
to time with the General Manager and staff of District and/or members of the Board
of Directors of District, representing the District at hearings, conferences or court
proceedings. District shall pay City Forty-eight dollars ($48) per hour plus overhead
of 61 % for the General Counsel Services for actual time spent on District business,
and $17 per hour plus overhead of 61 % for actual time spent on District business by
paralegal staff under the supervision of City Attorney. The hourly rate shall be
adjusted annually on July 1 based on the actual pay rates and overhead rate. City
Attorney shall provide Litigation Services at the same hourly rate stated above, but
shall not commence the defense or prosecution of litigation matters without advance
written approval of the District's General Manager. City Attorney will use his best
efforts to provide both General Counsel Services and Litigation Services in a
professional, thorough and competent manner in accordance with the California Rules
of Professional Conduct.
2. COMPENSATION FOR 1992-93 FISCAL YEAR
In addition to the compensation provided for in Section 1 which will commence
upon execution of this Agreement, District shall pay the sum of Twenty-five Thousand
Dollars ($25,000) for General Counsel Services provided by City for Fiscal Year
1992/93, and billings will be issued in accordance with this Agreement effective July
1, 1993. Payment of the $25,000 shall be made within thirty (30) days of the
execution of this Agreement.
3. TERM
This Agreement may be terminated by either of the parties with or without
cause, providing 90 days advance written notice of said termination is provided to the
other party. For a period of one year subsequent to termination of this Agreement,
City Attorney will not litigate against or oppose the District on behalf of any other
client including the City.
4. SCHEDULE OF INVOICES AND PAYMENT
City shall provide District with a quarterly accounting of time spent on the
District's behalf in sufficient detail to justify the hours billed. District agrees to make
payments within thirty (30) days of receipt of the quarterly invoice.
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5. CONFLICTS OF INTEREST
Any requests for legal services that may be a Conflict of Interest between the
City and District will be declined and District will engage independent counsel.
6. ADDITIONAL COSTS
The overhead rate paid to City by District shall include all routine overhead
costs such as paper, supplies, clerical services, equipment and computers, telephone,
copying, etc. District shall pay for additional out-of-pocket costs, including but not
limited to travel outside of Orange County, conferences relating to water issues, etc.,
arising out of City Attorney's performance of legal services provided for in this
Agreement. City Attorney shall use his best efforts to obtain prior approval of any
cost in excess of $250.
7. INDEMNIFICATION
City shall indemnify and defend District against any and all claims, occurrences
or causes of action arising solely from the provision of legal services by City Attorney
pursuant to the terms of this Agreement; City is insured through the Southern
California Joint Powers Insurance Authority, and to the extent applicable to services
provided under this Agreement, agrees to maintain said coverage or its equivalent
during the term of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the date first written above.
"DISTRICT"
CAPISTRANO VALLEY WATER DISTRICT
BY: BY:
Ray Auerbach 1
General Manager
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"CITY"
SAN JUA CAPISTRANO
rge S arboro
C y Man ger
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