AGREEMENT FOR LEGAL SERVICES
2012 -
THIS AGREEMENT is made and entered
into with an effective date of ________, 2012 by and between the Monterey
Peninsula Water Management District (hereinafter referred to as “District”) and
De Lay & Laredo, Attorneys at Law (hereinafter referred to as “General
Counsel”). De Lay & Laredo is a
legal partnership. For the purpose of
further clarification, the term “General Manager” as used herein shall refer to
the incumbent Executive Officer of the District.
WHEREAS, the District requires legal
services including representation, advice, and consultation as to its powers
and duties and as to the rights and obligations of those with whom it deals
and/or regulates; and
WHEREAS, General Counsel has civil
law experience, has regularly represented local public agencies, and will
maintain a civil law office with personnel who are familiar with legal
principles applicable to the District;
NOW, THEREFORE, the parties do
hereby agree as follows:
1. General
Counsel will provide to, or on behalf of District, retained general counsel services
including day-to-day advice, written opinions, legal document review,
appearances at all Board meetings, and appearance at committees or subcommittee
meetings at the District upon request. David
C. Laredo is designated as lead attorney; services provided by other firm
counsel or non-firm counsel shall be subject to approval. District agrees to pay General Counsel for general
retained services on a monthly basis upon invoice from General Counsel, upon
the basis set forth in paragraph 4.
2. In
addition to retained services, General Counsel shall also provide special legal
services, upon request and subject to direction from the District General
Manager, such as appearance at non-District meetings or proceedings, oversight
of special counsel, litigation advice or services, services subject to
reimbursement by third parties, and bond, audit or financial services. David C. Laredo is designated as lead
attorney; services provided by other firm counsel or non-firm counsel. Special legal services shall also apply to
retained services provided in excess of twenty five hours in one month. District agrees to pay General Counsel for special
legal services on upon invoice from General Counsel, upon the basis set forth
in paragraph 4.
3. General
Counsel’s retained engagement shall not include matters relating to conflicts
of interest, Fair Political Practice Act issues, or Government Code Section
1090 issues. As to these matters, special
advice shall be provided only as to specific matters for which General Counsel has
been formally consulted. General
Counsel’s engagement shall not impose a duty upon De Lay & Laredo or any
attorney of that firm, to undertake an independent review or special
investigation of District files, transactions, contractual arrangements, or
other affairs for the purpose of those issues, except in response to a specific
question or consultation. This engagement
also does not require separate inquiry or review of any statement of economic
interest (or any inquiry as to the accuracy of such statement), nor does this
engagement require an independent assessment as to conflict or self-dealing
issues absent a specific written consultation or written question thereon.
4. Upon
the effective date of this Agreement, General Counsel shall be retained for general
counsel services for the monthly fee of $5250.
General Counsel shall be special legal services at the rate of two hundred
fifteen dollars ($215) per hour, upon invoice.
5. District
agrees to reimburse General Counsel for all expenses and reasonable costs
incurred by General Counsel relating to the District, including registration
and expenses (in accord with District per diem rates and policies) for one
conference sponsored by ACWA or other comparable organization each calendar
year. District shall reimburse General
Counsel all costs incurred on behalf of District including to specialty
counsel, appraisers, filing fees, witness fees, transcripts, reporter fees,
hearing officer costs, photocopying costs, long distance telephone costs,
travel and lodging costs, legal process fees, discovery costs, and jury
fees. Out-of-district
travel shall be billed at 50% of service rate. Costs shall be billed at actual
cost (no over-head additions). No cost
charge shall be made for communications or deliveries to or from other firm
counsel.
6. This
legal services agreement shall end on ___________, provided however that this
Agreement may be terminated at any time during its term, without cause, by the
affirmative vote of five (5) members of the Board. In the absence of a written renewal, this contract
shall continue on a monthly basis on ________, provided however, that District
shall provide thirty (30) days advance notice of any
amendment.
7. De
Lay & Laredo shall maintain a policy of professional errors and omissions
insurance with a minimum of $1,000,000/$1,000,000 limits during the term of
this agreement.
IN WITNESS WHEREOF, Monterey
Peninsula Water Management District and General Counsel have executed this
Agreement as of the day and year set forth below.
Dated: MONTEREY PENINSULA WATER
MANAGEMENT
DISTRICT
David
Stoldt
General
Manager
Dated: De LAY & LAREDO
David
C. Laredo, SBN 66532
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