Gary Baum - 2016 AgreementAGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into on August 9 :1016, by and between the City of
Gilroy, a chartered municipal corporation ( "CITY "), and Gary M. Baum, of the Law Offices of Gary M.
Baum, an attorney licensed to practice law in the State of California ( "ATTORNEY").
THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings
and intentions:
ATTORNEY will provide legal services to the CITY as requested by the City Clerk for issues
related to the upcoming municipal election; and
CITY desires to contract with ATTORNEY and ATTORNEY desires to contract with CITY for
provision of professional services as further described herein, upon the terms and conditions hereinafter
set forth.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the
parties herein contained, the parties hereto agree as follows:
1. Effective Date. The effective date of this Agreement is August 10, 2016.
2. Scope of Services. CITY engages ATTORNEY to provide legal advice and
representation to CITY.
3. Compensation. ATTORNEY shall be compensated on hourly basis for services
rendered under Section 2, at the rate of $275 per hour. Additional hourly rate for services are as
follows: Partner Level Attorneys $275; Associate Level Attorneys $235; 'Law Clerks $155; and
Paralegals $145.
Attorney shall be reimbursed for actual and reasonable out -of- pocket expenses such as mileage,
research - related charges, filing fees, and other costs related to representation. ATTORNEY may submit
monthly statements for services rendered. Time will be billed in tenths of an hour (six - minute
increments). CITY shall receive a complete summary bill of such services.
It is intended that payment to ATTORNEY will be made by CITY within thirty (30) days after
receipt of each invoice, subject to such work being in compliance with the scope of services as set forth
in this Agreement.
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4. Confidential Communications and Information. CITY is the contracting entity and
the City Clerk or other individual designated by the City Clerk or City Administrator is the client for the
purposes of confidential client communications. All documents, communications or other information
developed or received by or for ATTORNEY in performance of the Agreement are confidential and not
to be disclosed to any person except as authorized by CITY, or as required by law.
5. Termination. CITY may terminate ATrORNEY's employment at any time with or
without cause and with no notice. However, CITY agrees to pay ATTORNEY for all legal services
rendered by ATTORNEY up to the time of termination, plus all costs advanced and expenses incurred
by ATTORNEY in the course of representing CITY. In the event of termination, ATTORNEY will
promptly return CITY's papers and property to it.
6. Standard of Performance. ATTORNEY represents to CITY that the services shall be
performed in an expeditious manner and with the degree of skill and care that is in conformance with
generally accepted professional standards prevailing at the time work is performed.
7. Performance by Attorney. ATTORNEY shall not employ other Attorneys or
contractors without the prior written approval of the CITY. It is understood that ATTORNEY utilizes
Scott D. Pinsky and Albert W. Gieseman for overflow work and those attorneys are preapproved,
following notice of use to the CITY. Unless otherwise expressly agreed by the CITY, ATTORNEY
shall remain responsible for the quality and timeliness of performance of the services, notwithstanding
any permitted or approved delegation hereunder.
&. Ownership and Maintenance of Documents. All documents furnished by
ATTORNEY pursuant to this AGREEMENT are instruments of ATTORNEY'S services in respect to
any individual project. They are not intended nor represented to be suitable for reuse by others on
extensions of this project or on any other project. Any reuse without specific written verification and
adoption by ATTORNEY for the specific purposes intended will be at user's sole risk and without
liability or legal exposure and expenses to ATTORNEY, including attorney's fees arising out of such
unauthorized reuse. ATTORNEY'S records pertaining to work performed under this Agreement shall
be given to CITY at the completion of the work.
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9. Conflict of Interest. ATTORNEY shall avoid any conflict of interest in the performance
of this Agreement. ATTORNEY represents that the ATTORNEY has no existing conflict of interest in
representing CITY and will not acquire any such interest, which could interfere with the performance of
services required under this Agreement. CITY acknowledges that ATTORNEY is general counsel of
the Silicon Valley Regional Interoperability Authority ( "SVRIA ") and that CITY is a member of this
Joint Powers Authority. While no conflict is presently apparent, CITY waives any potential conflict of
interest during the period of ATTORNEY's services to CITY. ATTORNEY will not handle matters on
behalf of the CITY related to the S VRIA.
10. Independent Contractor. In assuming and performing the services, ATTORNEY is an
independent contractor and shall not be eligible for any benefits, which the CITY may provide its
employees, except as expressly provided for in the AGREEMENT. ATTORNEY shall have
responsibility for and control over the means of providing services under this AGREEMENT.
11. Malpractice Insurance. Attorney shall maintain a current policy of errors and
omissions insurance at all times.
12. Amendment. This Agreement may be amended, modified, or changed by the parties
subject to mutual consent by execution of a written amendment executed by authorized representatives
of CITY and ATTORNEY.
13. Compliance with Laws. ATTORNEY shall comply with all applicable Federal, State,
and local laws, rules, and regulations, and shall obtain all applicable licenses and permits for the conduct
of its business and the performance of the services.
14. Severabili ty. Each portion of this document is severable, so that if one portion is found
to be legally invalid, the remaining portion shall remain in effect.
15. Financial Records. Records of ATTORNEY'S reimbursable expenses pertaining to this
project covered by this AGREEMENT will be made available to CITY if and when required.
16. Notices. All notices required hereunder shall be in writing and mailed postage prepaid or
by personal delivery to the CITY'S address as shown below, or such other places as CITY or
ATTORNEY may, from time to time, respectively, designate in a written notice given to the other.
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To: CITY
Gabe Gonzales
City Administrator
7351 Rosanna Street
Gilroy, CA 95020
To: ATTORNEY:
Gary Baum
19925 Stevens Creek Blvd., Suite 100
Cupertino, CA 95014-2358
Phone: (408) 833 -6246
E -mail: garybaumlaw @gmail.com
IN WITNESS WHEREOF, the parties have executed this AGREEMENT in one or more
duplicate originals as of the date and year first written above.
to
ATTORNEY
GARY M. BAUM
Name: Gary M. Baum
Title: Law Offices of Gary M. Baum
Address: 19925 Stevens Creek Boulevard,
Suite 100
Cupertino, CA 95014
Telephone: 408- 833 -6246
Legal Services Agreement Gilroy 8 -10 -16
CITY OF GILROY
CITY ADMINISTRATOR
By:
Gabriel Gonzalez
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Crty Admmtstrator
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
To: CITY
Gabe Gonzales
City Administrator
7351 Rosanna Street
Gilroy, CA 95020
To: ATTORNEY:
Gary Baum
19925 Stevens Creek Blvd., Suite 100
Cupertino, CA 95014 -2358
Phone: (408) 833 -6246
E -mail: garybaumlaw @gmail.com
IN WITNESS WHEREOF, the parties have executed this AGREEMENT in one or more
duplicate originals as of the date and year first written above.
ATTORNEY
GARY M. BAUM
By: %y7, A!!- -,
atrie: Gary M. Baum
Title: Law Offices of Gary M. Baum
Address: 19925 Stevens Creek Boulevard,
Suite 100
Cupertino, CA 95014
Telephone: 408-833-6246
Legal Services Agreement Gilroy 8 -10 -16
CITY OF GILROY
CITY ADMINISTRATOR
By: ��' \ __.
Gabriel Gonzalez
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City Administrator
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
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