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HomeMy WebLinkAbout2019 CON Valerie Gurrola - Legal ServicesAGREEMENT FOR LEGAL SERVICES BY AND BETWEEN THE CITY OF NATIONAL CITY AND VALERIE GURROLA THIS AGREEMENT FOR LEGAL SERVICES (the "Agreement") is made as of the 7th day of February, 2019 between THE CITY OF NATIONAL CITY, a municipal corporation, (the "CITY") and VALERIE GURROLA, an individual, (the "ATTORNEY"). This Agreement sets forth the parties' mutual understanding concerning legal services to be provided by the ATTORNEY and the fee arrangement for said services. Article 1. Retainer. The CITY hereby retains the ATTORNEY to assist in representing the CITY regarding compliance with Penal Code Section 832.7, subject to this Agreement. Article 2. Effective Date and Term. This Agreement shall be effective as of January 7, 2019 and continue until written notice of cancellation. This Agreement may be terminated at any time by either party with thirty (30) days' written notice to the other. Notice of termination by the ATTORNEY shall be given to the City Attorney. Article 3. Scone of Services. The CITY shall have the right in its sole discretion to determine the particular services to be performed by the ATTORNEY under this Agreement. These services shall include legal services regarding CITY compliance with Penal Code Section 832.7 ("Legal Services"). The ATTORNEY will provide Legal Services at the direction of the City Attorney and will work with CITY staff on an "as -needed" basis as directed by the City Attorney. Article 4. follows: Compensation. Compensation paid under this Agreement shall be as ATTORNEY: $ 94.22 per hour A. The CITY has appropriated or otherwise duly authorized the payment of an amount not to exceed $8,000 for Legal Services and out-of-pocket disbursements pursuant to this Agreement. In no event shall the total fees plus out-of-pocket disbursements exceed this amount without written authorization of the CITY. B. The ATTORNEY shall keep the CITY advised monthly as to the level of attorney hours and client services performed under Article 3. The ATTORNEY will not charge the CITY for travel time; however, the ATTORNEY may charge for work performed for the CITY during any travel time. C. The CITY further agrees to reimburse the ATTORNEY, in accordance with the procedures set forth in this Article, for telephone, fax, mail, messengers, federal 2019 Agreement Page 1 of 6 City of National City Legal Services and Valerie Gurrola express deliveries, document reproduction, client -requested clerical overtime, lodging, and similar out-of-pocket expenses charged by the ATTORNEY as a standard practice to its clients generally, with the exception of travel and meals. In any billing for disbursements, the ATTORNEY shall provide the CITY with a statement breaking down the amounts by category of expense. The following items shall not be reimbursed, unless the CITY has specifically agreed otherwise: (1) Word Processing, clerical or secretarial charges, whether expressed as a dollar disbursement or time charge. (2) Storage of open or closed files, rent, electricity, local telephone, postage, receipts or transmission of telecopier documents, or any other items traditionally associated with overhead. (3) Photocopy charges in excess of $0.15 (fifteen cents) per page. (4) Auto mileage rates in excess of the rate approved by the Internal Revenue Service for income tax purposes. (5) Secretarial overtime. Where case requirements demand overtime, the CITY will consider reimbursement on a case -by -case basis. The CITY will not reimburse overtime incurred for the convenience of the ATTORNEY's failure to meet deadlines known in advance. (6) Equipment, books, periodicals, research materials, Westlaw/Lexis or like items. (7) Express charges, overnight mail charges, messenger services or the like, without the CITY's prior consent. The CITY expects these expenses to be incurred in emergency situations only. Where case necessity requires the use of these services, the CITY will consider reimbursement on a case -by -case basis. (8) Travel and meals. (9) Late payment charge and/or interest. Due to the nature of the CITY's payment process, the CITY will not pay any late charges or interest charges to bills. Every effort will be made to pay bills promptly. D. Bills from the ATTORNEY should be submitted to Angil Morris -Jones, City Attorney, 1243 National City Boulevard, National City, CA 91950-4301. The individual time and disbursement records customarily maintained by the ATTORNEY for billing evaluation and review purposes shall be made available to the CITY in support of bills rendered by the ATTORNEY. E. The ATTORNEY agrees to forward to the CITY a statement of account for each one -month period of services under this Agreement, and the CITY agrees to compensate the ATTORNEY on this basis. The ATTORNEY will consult monthly with the CITY as to the number of attorney hours and client disbursements which have been incurred to date under this Agreement, and as to future expected levels of hours and disbursements. F. Billing Format. Each billing entry must be complete, discrete and appropriate. (1) Complete. 2019 Agreement Legal Services Page 2 of 6 City of National City and Valerie Gurrola (a) Each entry must name the person or persons involved. For instance, telephone calls must include the names of all participants. (b) The date the work was performed must be included. (c) The hours should be billed in .10 hour increments. (d) The specific task performed should be described, and the related work product should be reference ("telephone call re: trial brief," "interview in preparation for deposition"). (2) Discrete: Each task must be set out as a discrete billing entry; neither narrative nor block billing is acceptable. (3) Appropriate: Due to the nature of the CITY's payment process, the CITY will not pay any late charges. Every effort will be made to pay bills promptly. Article 5. Independent Contractor. The ATTORNEY shall perform services as an independent contractor. It is understood that this contract is for unique professional services. Accordingly, the duties specified in this Agreement may not be assigned or delegated by the ATTORNEY without prior written consent of the CITY. Retention of the ATTORNEY is based on the particular professional expertise of the individual(s) rendering the services required in the Scope of Services. Article 6. Confidentiality of Work. All work performed by the ATTORNEY including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the ATTORNEY pursuant to this Agreement is for the sole use of the CITY. All such work product shall be confidential and not released to any third party without the prior written consent of the CITY. Article 7. Compliance with Controlling Law. The ATTORNEY shall comply with all applicable laws, ordinances, regulations, and policies of the federal, state, and local governments as they pertain to this Agreement. In addition, the ATTORNEY shall comply immediately with any and all directives issued by the CITY or its authorized representatives under authority of any laws statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement. Article 8. Acceptability of Work. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the ATTORNEY and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the ATTORNEY in this Agreement, the CITY or the ATTORNEY shall give to the other written notice. Within ten (10) business days, the ATTORNEY and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the ATTORNEY. Article 9. Indemnification. The ATTORNEY agrees to indemnify, defend, and hold the CITY and its agents, officers, employees, and volunteers harmless from and against all claims asserted or liability established for damages or injuries to any person or property, 2019 Agreement Page 3 of 6 City of National City Legal Services and Valerie Gurrola including injury to the ATTORNEY's employees, agents, or officers, which arise from or are connected with or caused or claimed to be caused by the acts or omissions of the ATTORNEY and its agents, officers, or employees in performing the work or other obligations under this Agreement, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees, or volunteers. Article 10. Notices. In all cases where written notice is to be given under this Agreement, service shall be deemed sufficient if said notice is deposited in the United States mail, postage paid. When so given, such notice shall be effective from the date of mailing of the notice. Unless otherwise provided by notice in writing from the respective parties, notice to the Agency shall be addressed to: City Attorney City of National City 1243 National City Boulevard National City, CA 91950-4397 cc: Executive Assistant to the City Attorney City of National City 1243 National City Boulevard National City, CA 91950-4397 and to: attorneynationalcityca.gov amorrisjones@nationalcityca.gov Notice to the ATTORNEY shall be addressed to: Valerie Gurrola, Esq. 1116E 2nd Street National City, CA 91950 Email: valeriegurrolaesq@gmail.com Nothing contained in this Agreement shall preclude or render inoperative service or such notice in the manner provided by law. Article 11. Administrative Provisions. A. Time of Essence. Time is of the essence for each provision of this Agreement. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Headings. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this 2019 Agreement Legal Services Page 4 of 6 City of National City and Valerie Gurrola Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. California Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. E. Integrated Agreement. This Agreement including attachments and/or exhibits contains all of the agreements of the parties and all prior negotiations and agreements are merged in this Agreement. This Agreement cannot be amended or modified except by written agreement, and mutually agreed upon by the CITY and the ATTORNEY. F. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal. G. Waiver. The failure of the CITY to enforce a particular condition or provision of this Agreement shall not constitute a waiver of that condition or provision or its enforceability. H. Conflict of Interest. During the term of this Agreement, the ATTORNEY shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CITY. This prohibition shall not preclude the CITY from expressly agreeing to a waiver of a potential conflict of interest under certain circumstances. I. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. J. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, and (iii) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. [END OF AGREEMENT — SIGNATURES APPEAR ON NEXT PAGE] 2019 Agreement Legal Services Page 5 of 6 City of National City and Valerie Gurrola IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY Leslie Deese, City Manager APPROVED AS TO FORM: 091 litet:AFrAv /Attorney 2019 Agreement Legal Services VALERIE GURROLA, AN INDIVIDUAL (Corporation — signatures of two corporate officers) By: Valerie Gurrola, Esq. Page 6 of 6 City of National City and Valerie Gurrola Mayor Alejandra Sotelo-Solis Council Members Ron Morrison Mona Rios Jerry Cano Gonzalo Quintero +)-- CALIFORNIA .-f N alO AL err. -Ia�°to INCORPORATED Office of the City Attorney MEMORANDUM TO: City Clerk FROM: Ginny Miller, Legal Assistant SUBJECT: Agreement between the City of National City and Valerie Gurrola, Esq. City Attorney Angil P. Morris -Jones Senior Assistant City Attorney Nicole Pedone Deputy City Attorney Roberto M. Contreras DATE: February 18, 2019 Attached for your files, is a fully -executed original of the Agreement between City of National City and attorney Valerie Gurrola, dated February 7, 2019. J4 U 1243 National City Boulevard; National City, California 91950-4397 Tel.: (619) 336-4220 Fax: (619) 336-4327 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk VALERIE GURROLA Legal Services Agreement Ginny Miller (City Attorney) forwarded a duplicate original Agreement to Valerie Gurrola.