CONTRACT 4601 Service AgreementAgreement No. 4601
AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the law firm of FILARSKY &. WATT LLP
( "Attorney "), and the CITY OF EL SEGUNDO, a Municipal Corporation ("City ").
Attorney's Services
Attorney agrees to provide City with consulting, representational and legal services
pertaining to employment relations matters, including representation in negotiations and in
administrative and court proceedings, as requested by City or otherwise required by law.
2. Fees, Costs, Expenses
City agrees to pay Attorney the sums billed monthly for time spent by Attorney in
providing the services, including reasonable travel tine.
City will pay an hourly rate of Two hundred Sixty -Five Dollars ($265.00) for all attorney
services. Attorney guarantees its hourly rate will remain the same for a period of two years from
the effective date of this Agreement. Attorney bills time in minimum units of one -tenth of an
Maur. Communications advice (telephone, voicernail, email) is billed in a minimum increment of
three - tenths (0.30) of an hour.
City agrees to reimburse Attorney for necessary costs and expenses incurred by Attorney
on behalf of the City.
Payment by City against monthly billings is due upon receipt of statements, and is
considered delinquent if payment is not received within thirty (30) days of the date of the
invoice.
The California Business & Professions Code requires Attorney to inform City ,,vhether
Attorney maintains errors and omissions insurance coverage applicable to the services to be
rendered by Attorney. Attorney hereby confirms that Attorney does maintain such insurance
coverage.
Arbitration of Professional Liability or Other Claims
Disputes. If a dispute between the City and Attorney arises over fees charged for services,
the controversy will be submitted to binding arbitration in accordance with the rules of the
California State Bar Fee Arbitration Program, set forth in California Business and Professions
Code, sections 6200 through 6206. The arbitrator or arbitration panel shall have the authority to
Agreement No. 4601
award to the prevailing party attorney's fees, costs and interest incurred. Any arbitration award
may be served by mail upon either side and personal service shall not be required.
If a dispute arises between the City and Attorney over any other aspect of the attorney-
client relationship, including, without limitation, a claim for breach of professional duty, that
dispute will also be resolved by arbitration. It is understood that any dispute as to any alleged
breach of professional duty (that is, as to whether any legal services rendered under this
Agreement were allegedly unnecessary, unauthorized; omitted entirely, or were improperly,
negligently or incompetently rendered) will be determined by submission to arbitration as
provided by California law, and not by a lawsuit or resort to court process except as California
law provides for judicial review of arbitration proceedings. Both parties to this Agreement, by
entering into it, are giving up their constitutional right to have any such dispute decided in a
court of law before a jury, and instead are accepting the use of arbitration. Each party is to bear
its own attorney's fees and costs.
4. File Retention
After Attorney's services conclude, Attorney will, upon City's request, deliver the file for
the matter to City, along with any funds or property of City in Attorney's possession_ If City
requests the file for the matter, Attorney will retain a copy of the file at the City's expense. If
City does not request the file for this matter, Attorney will retain it for a period of seven (7) years
after this matter is closed. If City does not request delivery of the file or this natter before the
end of the seven (7) year period, Attorney will have no further obligation to retain the file and
may, at Attorney's discretion, destroy it without further notice to City. At any point during the
seven (7) year period, City may request delivery of the file.
Assi n meni
This Agreement is not assignable without the written consent of City.
6. Iricl_epen €lent Contractor
It is understood and agreed that Attorney, while engaged in performing the terms of this
Agreement, is an independent contractor and not an employee of City.
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Agreement No. 4601
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Ile Agnmodes to Wis Agreement represent that 111cy hold the Pos36oas set i'brth b4 ov,,-
their signawreq and that they am ALL to execute ihh� AgrecinLill on beha"11-roF th it
rupeake pates and lo tAnd their respec6ve pmic�; horeto.
8. Term
Mis Agreement i� 'April 30, 2014, orgokg and may be modHkd by nwuml
cmamn of Te paMes. This Agreerneru shal.1 be terrninable by S,-ither r Llp ),, (JU)
vvriuen notice.
PILARSKY &, \VAIIIFF 1-1-1-
01
Steve A, 1"ilu.sk,
' irl4 - Partner
Date-
CITY X A. SEGUIAM
A Municipad Ccorpor',itiOr',
Nnim��: Greg C,.arpc,.uer
'Fifllk�: citv Mana�zer
Date:
AS "DO -FOR&
My Aunn(oy
4,
FTEM".
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C'ov,
Aty of El Segundc�