HomeMy WebLinkAboutAgr 2005-05-18 (McDonough Holland & Allen, PC)
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McDonough Holland & Allen PC
Attorneys at Law
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May 4, 2005
VIA FEDERAL EXPRESS
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TOWN ATTORNEY'S OFFICE
TOWN OF TIBURON
Ann Danforth
City Attorney
Town of Tiburon
1505 Tiburon Blvd.
Tiburon, CA 94920
Re: Agreement for Legal Services
Dear Ms. Danforth:
Pursuant to our telephone conversation, enclosed please find two original Agreements
for Legal Services between the Town of Tiburon and McDonough Holland & Allen
PC. Kindly execute these agreements and return one original to me in the self-
addressed envelope provided.
Please feel free to contact me directly at (510) 273-8767 with any questions or
comments.
Sincerely yours,
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Keith Kile~
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AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT FOR LEGAL SERVICES, dated IS
entered into between the TOWN OF TffiURON, a municipal co orat on ("Town"), and
McDonough Holland & Allen PC ("McDonough"). The Town has an appointed Town Attorney
and desires to retain McDonough for legal services in order to assist the Town and its Town
Attorney.
The Town and McDonough agree to McDonough's provision of legal services to the
Town under the following terms and conditions:
Section 1. Scope of Legal Services. The Town desires to retain the flexibility to use
McDonough's legal skills when appropriate subject to the Town Attorney's approval in all areas
of municipal law, including, but not limited to, redevelopment law, construction law, labor and
personnel, planning and economic development, property acquisition and eminent domain,
litigation, code enforcement, telecommunications and real estate transactions. McDonough shall
provide such legal services to the Town in a prompt manner.
Section 2. Term of Agreement. This Agreement shall continue In effect until
terminated pursuant to Section 6 hereof.
Section 3. Staffing Assignments. THOMAS R. CURRY shall be the shareholder
who will be in direct contact with the Town relative to the work performed for the Town,
including any coordination that may be required with attorneys in the firm. Mr. Curry may seek
the advice and assistance of other attorneys in the firm where appropriate to assist in performing
the legal services requested.
Section 4. Hourlv Fees for Legal Services~ Annual Review. McDonough shall
charge the Town for legal services on an hourly basis. The hourly rate shall be the current
standard hourly billing rate of the individual performing the work as established and amended
from time to time by McDonough. These rates may be adjusted annually.
Section 5. Monthlv Billings~ Expense Reimbursements. McDonough shall bill the
Town on a monthly basis. Each bill shall indicate the date of the work done, the work that was
accomplished, the attorney or paralegal who performed the work, and the fee for the work. To
each bill, McDonough shall add an administrative charge of 4% of legal fees in lieu of separately
itemizing general overhead costs which are generally chargeable to a client, including long-
distance telephone service, facsimile charges, regular postage, and routine copying of documents.
McDonough shall regularly monitor its actual administrative expenses to ensure that the
administrative charge is a fair and reasonable approximation of actual expenses. McDonough
will bill the time spent in separate accounts, as requested by the Town.
The following out-of-pocket expenses will be separately itemized and included in bills to
the Town: (1) extraordinary operating expenses, including items such as messenger services,
overnight mail charges, extraordinary copying, and computer-assisted research; (2) necessary
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travel and subsistence expenses; (3) court costs, including filing fees, witness fees, and
deposition and discovery costs not paid directly by the Town.
The Town Attorney shall review and approve McDonough's monthly statements. The
Town shall pay McDonough for services rendered and expenses incurred at the rates and in the
amount provided in this Agreement on a monthly basis subject to the Town Attorney's approval.
Section 6. Amendment Termination. This Agreement may be amended from time to
time by written agreement of the parties. This Agreement may be terminated by either party at
any time upon thirty (30) days' written notice to the other party. In the event of termination, the
Town shall be responsible only for fees and costs incurred as of the effective date of the
termination.
Section 7. Conflicts of Interest. Legal services under this Agreement will not include'
matters in which McDonough has an actual conflict of interest under the State of California
Rules of Professional Conduct that preclude McDonough from representing the Town, Members
of the Town Council, or Town officers or employees.
As a general practice law firm with diverse practice areas such as public law,
redevelopment, construction, land use, real estate and labor, as well as other specialties,
McDonough may, from time to time, represent clients, public or private, in matters which are not
in actual conflict with the current matters in which we are engaged by the Town. This
Agreement is conditioned upon the Town waiving its rights to object to our current
representation of other public or private clients, except as to matters where such a subject
matter's actual conflict of interest exists.
Section 8. Professional Liability Coverage. During the term of this Agreement,
McDonough shall at all times maintain insurance coverage for professional liability. Currently,
this coverage is provided by Lloyds of London. A copy of the policy shall be provided to the
T own upon request.
By:
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Ann Danforth, Town Attorney
By:
Approved as to form:
McDONOUGH HOLLAND & ALLEN PC
By:
"'-
aging Shareholder
817874v321436/0001
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