HomeMy WebLinkAbout2011 CON Stutz Artiano Shinoff & Holtz - Legal ServicesLAW OFFICES
STUTZ ARTIANO SHINOFF & HOLTZ
A Professional Corporation
2488 Historic Decatur Road, Suite 200
San Diego, California 92106
(619) 232-3122
FAX (619) 232-3264
ATTORNEY - CLIENT LEGAL SERVICES AGREEMENT
This Attorney - Client Legal Services Agreement (the "Agreement") is the written fee
contract that California law requires lawyers to have with their clients. We, Stutz Artiano
Shinoff & Holtz, APC ("Attorneys"), agree to provide legal services to the City of National
City, (the "City") on the terms set forth below:
1. SCOPE OF SERVICES:
The City retains us as its Attorneys for the purposes of providing general legal advice
and counsel as the City shall from time to time require. We will represent the City on specific
litigation as instructed, and we will provide research and advice regarding specific issues as
requested by the Mayor, City Council, City Manager or their designees.
We will provide all legal services reasonably requested to represent the City's interests.
2. CLIENT'S DUTIES:
The Client is the City and not any individual, City Council member, employee, or
administrator. The City agrees to provide specific instruction where services are requested,
to abide by this Agreement, to pay our bills on time, to pay bills for costs (if any) on time, and
to cooperate and require its employees to cooperate with us in any activities we undertake on
the City's behalf.
3. LEGAL FEES:
The City agrees to pay for legal services as follows:
a. Paralegal services at $90.00 per hour;
b. Associate attorney's time at $175.00 per hour;
c. Partner's time at $250.00 per hour.
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No fee will be charged for general clerical or secretarial services.
Bills will be sent monthly, stating clearly the amount, rate, basis for calculation.
description and date of service. The City agrees to pay each bill within 30 days. Interest at
the rate of 10% may be charged on any unpaid balance.
4. COSTS, DISBURSEMENTS & EXPENSES:
All costs, disbursements and litigation expenses are the responsibility of the City. Costs
are those expenses which must be paid to third parties or otherwise incurred in the course of the
representation. The City will reimburse Attorneys for such advanced costs and expenses upon
settlement, arbitration award, judgment or upon discharge of Attorneys by City. Costs include,
but are not limited to, court fees, service or process charges, photocopying services, notary fees,
computer assisted legal research, long distance telephone charges, messenger and delivery fees,
postage, in -office photocopying at $.15 per page, facsimile charges at $1.00 per page, deposition
costs, parking fees, mileage at the current IRS rate, investigation expenses, fees of consultants or
expert witnesses, and other similar items. We agree to obtain written consent before incurring
any outside services.
5. NEGOTIATION OF FEES:
Attorneys' fees are not set by law, but rather are negotiable between the attorney
and client.
6. ERROR AND OMISSIONS INSURANCE:
Attorneys maintain errors and omissions insurance coverage applicable to the
services to be rendered under this Agreement.
7. DURATION:
The duration of this Agreement is March 1, 2011, through December 31, 2011.
8. MANDATORY ARBITRATION:
The City and Attorneys agree to have any and all disputes (except where City may
request arbitration of a fee dispute by the State bar or local bar association as provided by
Business and Professions Code sections 6200, et seq.) that arise out of, or relate to this
Agreement, including but not limited to claims of negligence or malpractice arising out of or
relating to the legal services provided by Attorneys to Distric, decided only by binding arbitration
under the provisions of Code of Civil Procedure 1280 et seq. and not by court action.
In agreeing to this arbitration provision, City and Attorneys are specifically giving
up all rights Attorneys and City may possess to have such disputes decided in a court or jury trial.
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Attorneys and City acknowledge the above, and that this mutual agreement for binding arbitration
is voluntary.
DATED: ��(( l/ CITY OF NATI•NAL CITY
BY:
Chr
City Man. er
DATED: March , 201 I STUTZ ARTIANO SHINOFF & HOLTZ
A Professional Corporation
BY:
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OFFICE OF THE CITY CLERK
1243 National City Blvd.
National City, California 91950
Michael R. Dalla, CMC - City Clerk
619-336-4228 phone / 619-336-4229 fax
LAW OFFICES OF STUTZ ARTIANO
SHINOFF & HOLTZ
Legal Services
Lavonne Watts (City Manager's Office)
Forwarded Agreement to Attorneys