Kronick Moskovitz Tiedemann and Girard PC

AGREEMENT FOR LEGAL SERVICES
BETWEEN
THE CITY OF RICHMOND
AND
KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD,
a Professional
Corporation
THIS AGREEMENT FOR LEGAL SERVICES (this "Agreement") is made
between the City of Richmond ("City") and Kronick, Moskovitz, Tiedemann &
Girard, P.C. ("Law Firm") for legal services pertaining to the City's intervention in
the Chevron property tax appeal litigation. The parties hereby agree as follows:
1.
Parties. The parties to this Agreement are the City of Richmond
(herein referred to as the "City") and the following named Law Firm:
Law Firm Name: KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD
Street Address: 5080 California Avenue, Suite 250
City, State, Zip Code: Bakersfield, CA 93309
Contact Person: Brett L. Price
Telephone: 661.864.3800
E-Mail: bprice@kmtg.com
2.
Term.
The effective date of this Agreement is October 26, 2010,
and it terminates on June 30, 2012, unless terminated as provided
herein.
3.
Payment Limit.
City's total payments to Law Firm under this
Agreement shall not exceed $10,000.00.
City shall not pay for
services that exceed this Payment Limit unless a contract amendment
has been approved by the City Councilor the City Manager.
4.
Description of Project or Scope of Services. Law Firm shall render
legal advice and representation regarding the City's intervention in the
Chevron property tax appeal litigation. Law Firm retains the discretion
to decline to render legal advice or perform legal services for any
reason, including without limitation, possible conflicts of interest with its
other clients. Law Firm shall notify City, through City Attorney's Office
immediately if it decides to decline to render legal advice or perform
legal services
5.
Hourly Rates. See Exhibit B.
6.
Billinq Requirements and Manner of Payment.
Law Firm's billing
practices and statements shall conform to the requirements of Exhibit
C. Billing statements which comply with the requirements of Exhibit C
shall be paid as soon as practicable following approval by the City.
Law Firm acknowledges that such approval may take as long as 45
days following City's receipt of such statement).
7.
General Conditions.
This Agreement
is
Conditions (Exhibit D) which are attached
herein by this reference.
8.
Conflict Waiver. This Agreement
is subject to the Conflict Waiver
(Exhibit E), if any, which is attached hereto and incorporated herein by
this reference.
9.
Insurance.
Pursuant to Business & Professions Code Section 6171,
Law Firm shall maintain the errors and omissions insurance coverage
required in Exhibit F. Law Firm may be required to provide proof of
satisfactory insurance coverage to the City.
10.
Signatures.
These signatures
attest the parties' agreement
Wtt-
City Manager
Attest:
By:Q(lb..... ~~
Approved
By:
hereto:
Kronick, Moskovitz, Tiedemann
Girard, a Professional Corporation
CITY OF RICHMOND
City Clerk
subject to the General
hereto and incorporated
I -
T
-)
as to form:
~rv\City A{.torney
2
&
EXHIBIT A
Scope of Services
Law Firm shall render legal advice and representation regarding the City's
intervention in the Chevron property tax appeal litigation in the County Costa
County Superior Court.
3
EXHIBIT B
Hourly Rates
Law Firm anticipates that the primary attorney working on this matter will be
Brett L. Price. The billing rate for Brett L. Price shall be $250 per hour.
Title
Brett L. Price/Shareholders
Rate
$250/hour
Principal Attorneys
$210/hour
Senior Associates
$195/hour
Junior Associates
$185/hour
Legal Assistants/Law Clerks
$110/hour
4
EXHIBIT C
Billing Requirements
Law Firm shall issue billing statements on a monthly basis, which shall be
sent to the attention of the Richmond City Attorney's Office.
Law Firm acknowledges that due to the requirements of City's outside
auditors, Law Firm's billing statements must be detailed and accurate.
Accordingly, each billing statement shall: (1) set forth the total amount Law
Firm has billed to date under the Agreement and (2) be accompanied by a
summary of its legal work in the month represented by the statement.
In addition, the following requirements shall apply:
1.
Photocopying costs should not exceed $.20/page.
Please break out
the number of copies being billed and the unit cost per copy in addition
to the total payment requested (e.g., 230 copies at $.20/page =
$46.00).
2.
Telecopy or facsimile charges should not exceed $1.00 per page.
Please break out in the same manner as photocopies.
3.
Services, such as attorney services or process servers, messengers
and couriers, private investigators, court reporters, appraisers, experts,
copiers and similar services will be reimbursed only at actual cost.
Please provide a copy of the invoice with detail at the same time the
bill is submitted. Before retaining private investigators, appraisers, or
experts, 'approval must be obtained from City Attorney's Office. The
City reserves the right to decline to pay for the excessive use of
messengers and couriers.
4.
The City reserves the right to decline to pay for unnecessary work such
as attendance at depositions by more than one Law Firm attorney for
training purposes.
5.
Court filing fees are generally not reimbursable, as the City is exempt
from them under Government Code § 6103.
6.
Cellular telephone and long-distance telephone charges will be
reimbursed only at actual cost.
Please provide documentation
showing how the charges were calculated and any back-up
documentation available, such as copies of phone bills.
7.
Travel and mileage charges should not exceed rates allowed by the
Internal Revenue Service for taxpayers. Please provide the miles
5
traveled, rate of reimbursement and person reimbursed for mileage.
Receipts for hotel and parking must be provided.
In-state travel
expenses shall not be reimbursable if City's fees are based on a
percentage of the principal amount of a securities issuance. Out-ofstate travel will not be reimbursed without prior written City approval.
8.
No advance retainer shall be required under this Agreement.
6
EXHIBIT D
General Provisions
1.
Independent Contractor. Law Firm acknowledges and represents that
it is an independent contractor. This Agreement shall not be construed
as a contract of employment.
2.
Professional Ability. Law Firm acknowledges that it holds itself out as
experienced in the services provided herein, and shall be held to the
standard of care for their experience in the same field. The City
acknowledges that Law Firm cannot make any promise or guarantee
with respect to the outcome of any transaction or litigation. The City
also acknowledges that any statement made by Law Firm with respect
to the outcome or resolution of a matter is a legal opinion, not a
promise or guarantee.
3.
Termination. The City may terminate this Agreement at any time for
any reason upon written notice.
Law Firm may terminate this
Agreement in accordance with the California Rules of Professional
Conduct.
4.
Non-Liability of City Officials and Employees.
No City official or
employee shall be personally liable for any default or liability under this
Agreement.
5.
Integration. This Agreement constitutes the entire agreement between
the parties concerning the subject matter hereof and supersedes any
previous oral or written agreement; provided, however, that
correspondence or documents exchanged between Law Firm and City
may be used to assist in the interpretation of the exhibits to this
Agreement. This Agreement may be modified or amended only by a
subsequent written instrument executed by both parties.
6.
Conflicting Provisions. In the event of a conflict between the terms and
conditions of this Agreement and those of any exhibit or attachment
hereto, this Agreement proper shall prevail over those prepared by
Law Firm.
7.
Timeliness. All services rendered hereunder shall be performed in a
timely manner.
8.
Confidentiality. To the extent permissible under law, Law Firm shall
keep confidential its obligations herein and the information acquired
during the performance of its services hereunder.
7
9.
File Retention.
Once services rendered hereunder have concluded,
Law Firm may close its files and send them to storage. LaiN Firm shall
give City notice before it sends the files to storage, and if the City does
not request the City's files at that time, the Law Firm shall retain said
files for a period of three years. If the City does not request delivery of
the City's files before the end of the three-year period, the, City agrees
that Law Firm has no further obligation to retain them and may, at its
discretion, destroy them.
10.
Third Parties.
Nothing herein shall be interpreted
rights or benefits in any third parties.
11.
Governing Law and Venue.
This Agreement shall be construed in
accordance with the law of the State of California without regard to
principles of conflicts of law.
12.
JUry Trial.
The parties hereby waive their federal and state
constitutional
right to a jury trial for any matter arising under, in
connection with, or as a result of, this Agreement.
13.
Claim. Any claim by Law Firm against City hereunder shall be subject
to Government
Code §§ 8900 et seq.
The claim's presentation
provisions of said Act are hereby modified such that the presentation of
all claims hereunder to City shall be waived if not made within six
months after accrual of the cause of action.
14.
Interpretation.
both parties.
15.
Severance.
Any provision of this Agreement found to be invalid or
unenforceable shall be deemed severed and all remaining provisions
of this Agreement shall remain enforceable.
This Agreement
8
shall be interpreted
as creating
as if drafted
any
by
EXHIBIT E
Conflict Waiver
Subject to Law Firm's written confirmation that no conflicts exist, or if a conflict
exists and the City agrees to waive the conflict, Law Firm acknowledges,
represents and warrants that Law Firm shall avoid all conflicts of interest under
the California Rules of Professional Conduct, the Political Reform Act
(Government Code § 81000 et seq.), Government Code § 1090 et seq., and
common law, except as expressly waived by the City.
9
EXHIBIT F
Insurance
Pursuant to Business & Professions Code § 6171, Law Firm shall maintain the
errors and omissions insurance coverage required by the "City of Richmond Insurance Requirements for Contractors: Professional Services" which is
attached hereto and incorporated herein by this reference. Law Firm may be
required to provide proof of satisfactory insurance coverage to the City.
(Insurance requirements which are set forth in Exhibit F that are waived by City
do not require amendments or revisions to this Agreement.)
10