Sunday, March 04, 2018

CITY ATTORNEY SERVICES JULY 15, 2017-JUNE 30, 2018 (as of January 2018 Check Register): $129,909.00

CITY ATTORNEY SERVICES JULY 15, 2017-JUNE 30, 2018 (as of January Check Register)

136089 9/28/2017 G.R.MOZINGO, ESQ., APC $7,847.50 CITY ATTORNEY SERVICES JULY 2017
136089 9/28/2017 G.R.MOZINGO, ESQ., APC $14,897.50 CITY ATTORNEY SERVICES AUGUST 2017
Vendor Total -----> $22,745.00

136324 10/25/2017 G.R.MOZINGO, ESQ., APC $13,429.00 01 61051 CITY ATTORNEY SERVICES JULY 15, 2017-JUNE 30, 2018
Vendor Total -----> $13,429.00

136529 11/29/2017 G.R.MOZINGO, ESQ., APC $17,397.00 01 61051 CITY ATTORNEY SERVICES JULY 15, 2017-JUNE 30, 2018
Vendor Total -----> $17,397.00

1/10/2018 G.R.MOZINGO, ESQ., APC $76,338.00 01 61051 LEGAL SERVICES NOV 2017, DEC 2017
Vendor Total -----> $76,338.00

REFERENCE:

Term
This Agreement shall commence on July 15, 2017 and shall end on June 30, 2018.

LEGAL FEES AND BILLING PRACTICES
General Counsel Services
CITY agrees to pay MOZINGO during fiscal year 2017/2018 commencing July 15, 2017, a fee for General Counsel Services of thirteen thousand dollars ($13,000) per month, payable within thirty (30) days of invoice. The parties acknowledge that "General Counsel Services" are not limited to a set quantity of hours and shall relate to the services enumerated above.

Extraordinary Services
CITY agrees to pay MOZINGO for Extraordinary Services during fiscal year 2017/2018 (in addition to General Counsel Services described above) at the rate of two hundred seventy-five dollars ($275) per hour for attorney services and sixty-five dollars ($65) per hour for non attorney legal support services. The parties acknowledge "Extraordinary Services" relate to those activities as set out above under "Extraordinary Services".

The following responsibilities shall be considered "EXTRAORDINARY SERVICES" and shall be compensated at the agreed upon rate:
1) Civil prosecution of Municipal Code Ordinance violations (including Health and Building Code violations)
2) Criminal prosecution of infractions and misdemeanors as set out in the Carmel-by-the-Sea Municipal code or State laws, which may be amended from time to time.
3) Preparation and drafting of complex legal documents.
4) Preparation of complex legal opinions.
5) Complex legal research.
6) Representation of CITY in any court litigation or proceeding before any other public or administrative body, including but not limited to mediations, arbitrations or other judicial or non-judicial hearings. Legal services provided to any independent or separate agency or entity, at the request of the City Council, shall also be considered as extraordinary.
7) Representation of CITY in all non-monetary lawsuits such as Writs of Mandate, Pitchless motions, and suits for declaratory relief and injunctions.
8) Complex Public Records Act requests
9) Handling of special litigation and. special projects, (such as oversight and update of and re-codification of the CITY Municipal Code).
1 0) Representation in matters involving eminent domain proceedings, labor negotiations, bond issue proceedings, real estate matters, employment issues or assistance in other matters requiring negotiation.

City Attorney shall notify and seek prior approval of the City Council prior to rendering extraordinary legal services, if time permits. In the event that time does not permit, the Cit Attorney shall seek City Council approval at the next available opportunity.

CITY ATTORNEY APPOINTMENT
Glen R. Mozingo, Esq. is assigned as City Attorney. He may delegate City Attorney duties such as research and administrative duties to other attorneys employed by MOZINGO, and may designate an Assistant City Attorney and one or more Deputy City Attorneys with City Council prior authorization and approval. Any fees incurred by either Assistant or Deputy City Attorneys shall be included in the fees established in this Agreement, with the exception of excused absences, which shall be paid by CITY.

SOURCE: CITY ATTORNEY LEGAL SERVICES AGREEMENT
CITY OF CARMEL-BY-THE-SEA AND G.R. MOZINGO, ESQ. APC
July 15, 2017

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