BLUE FOLDER ITEM Blue folder items are additional back up material to administrative reports and/ or public comments received
after the printing and distribution of the agenda packet for receive and file.
CITY COUNCIL MEETING
April 12, 2016 H. 3
APPROVE CONTRACT TO PROVIDE SUPPLEMENTAL CITY
PROSECUTOR SERVICES TO THE CITY OF HAWTHORNE RECOMMENDATION:
1.
Approve contract to provide supplemental City Prosecutor services to the City of Hawthorne.
CONTACT:
MICHAEL VV. WEBB, CITY ATTORNEY
CONTRACT ATTACHED.
IH
IE\ IORA
DU1l OF UNDERSTANDING
THIS 1CREEMENT FOR CITY PROSECUTOR SERVICES ('•Areement") is bs the Cny of Hawthorne. a municipal corporation. (" Hawthorne") and the Ca) of Redondo Beach. a chartered municipal corporation (" Redondo Beach" I.
entered into
From time to time I law tilorne has requested. and continues to request. r arious fecal services tier I lair thor-ne including prosecution of misdemeanors in the Inelcrr ood Court.
Redondo Beach Deputy City Prosecutor Joy Abaquin (" Abaquin" or" Prosecutor") is fully qualified by virtue of her licensure to practice law in the State of California, her experience
as a lull- time prosecutor, and her familiarity with the prosecution of crimes in the South Bay to perform this service for Hawthorne.
13v this :Nei-cement. Haw thorns and Redondo Beach desire to state their understanding of their agreement for :\ baquin to provide Ieual sets ices and representation to Harr theme. SECTION I. SERVICES TO BE PERFOR,MIED
t Haw thome' s request and with Redondo Beach and Abaquin' s agreement. Abaquin
shall represent I lawthornc in die Los Aneeles County Superior Court ( Inglewood Court) in all misdemeanor prosecution matters on a part- time basis. - lbaquin' s representation shall include
prepartne and submittm`_documents. blitz criminal cases, am guinPg Iliununs in court. preparing matters for trial and handling_dispositions pleases.
SECTION II. I IAWTHORNE' S RESPONSIBILITIES
Hawthorne shall assist Abaquin in obtarnint the facts necessary for Abaelutn' s representation of the
People
of
the
State
of
tonna on behalf' of I lake thorne. shall infirm
Abaquin of any new facts or any changes in the facts that could of ct the nature of the services or legal advice that Abaquin renders. and shall full} cooperate rr ith Abagtun in its representation of the People of the State of California on behalf of Hawthorne and the I lawthorne- related
Entities by. anions other things. providing Abaquin with relevant information and making the personnel of Hawthorne and I tawthorne- related l• ntities reasonably available for consultation and interviews.
SECTION III. INVOICES AND PAYMENT OF ATTORNE1 FEES For the services that Abaquin renders to Ihawthornc and Hawthorne- related Entities,
Hawthorne shall reimburse Redondo Beach at mutually agreed upon hourly rates. which currently is a rate of 535.{1( 1 per hour. This rate may be changed from time to time hr' agreement of Hawthorne and Redondo Beach. In addition to the hourly rate tier seri ices rendered. Hawthorne shall reimburse Redondo Beach fur all reasonable. out- of-pocket c\ penses and thirdparty disbursements that are incurred in performing legal services for I Iawthorne and Hawthorne- related Entities. These enpcnses and disbursements may include. without limitation.
1/
travel and subsistence expenses. necessary staff overtime. printing.. word processing and
duplication costs. facsimile charges. long- distance telephoto: charges. computer-assisted research. overnight express services. messenger services, out- of- the-ordinary postage charges.
filing_fees, and court- reporter charges. Redondo Beach shall keep itemized records ofall such expenses and disbursements. During the course of' rendcring services for Hawthorne and
Hawthorne- related Entities, Redondo Beach shall submit monthly invokes to I hawthomc. Each invoice shall set Iorth the nature of the services rendered. the charges For the sen ices rendered and the expenses and
disbursements
that
Redondo Beach has incurred. I
thornc shall make
every effort to pay Redondo Beach the amount of the invoice( less any disputed items) within 30 days after Hawthornee receives the invoices. Redondo Beach shall send the invoices to the Hawthorne City Attorney. SECTION IV. CONFLICT OF INTEREST
Abaquin affirms and warrants that she has no !Malicia!, contractual or other interest or obligation that conflicts with or is harmful to the perfonnancc of her obligations under this
Agreement. Abaquin shall not during the term of this Agreement knowingly obtain such an interest or incur new such an obligation.
SECTION V. SERVICE RELATED INJURY PROTECTION
Hawthorne and Redondo Beach agree that the Redondo Beach City Attorney and appointed Assistant City Attorneys or Deputy City Attorneys arc not employees of Hawthorne and arc not
covered by the Hawthorne workers' compensation insurance policy. SECTION VI. REDONDO BEACH' S RESPONSIBILITY FOR CONTRIBUTIONS, PAYMENTS, OR WITHHOLDING
Redondo Beach shall be solely responsible for all contributions, payments, or withholdings normally made on behalf of an employee including but not limited to, state and federal income
taxes, federal social security contributions, California State disability insurance taxes, and unemployment
insurance
Redondo Beach shall indemnify and hold harmless Hawthorne, its officers, agents and employees from and against all taxes, penalties, assessments contributions.
and interest asserted against Hawthorne by reason of nonpayment by Redondo Beach of legally due taxes.
SECTION VII. RELATIONSHIP BETWEEN THE PARTIES/ INSURANCE
For purposes of coverage under any Memorandum of Coverage issued to the City of Hawthorne, Prosecutor shall be considered an" appointed official" of the City of Hawthorne, when providing services to the City of Hawthorne within the course and scope of this Agreement.
Any claim or lawsuit brought against the City of Hawthorne and/ or against Prosecutor
resulting from or arising out of services provided by Prosecutor to the City of Hawthorne within the course and scope of this Agreement shall be the responsibility of the City of Hawthorne to 2
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defend and indemnify, and not the responsibility of the City of Redondo Beach.
To the extent any coverage is provided for such claim or lawsuit under any Memorandum of' Coverage issued to both the City of Hawthorne and the City of Redondo Beach, then the coverage shall be provided to the Prosecutor and to the City of Hawthorne under the Memorandum of Coverage as issued to the City of Hawthorne.
If a claim or lawsuit is brought against the City of Redondo Beach resulting from or arising out of services provided by Prosecutor to the City of' Hawthorne within the course and scope of this Agreement, and if and to the extent that such claim or lawsuit is not covered under a
Memorandum of Coverage issued to the City of Redondo Beach, then the City of Hawthorne shall defend, indemnify and hold harmless the City of Redondo Beach against such claim or lawsuit.
If a claim or lawsuit is brought against the City of Redondo Beach resulting from or arising out of services provided by Prosecutor to the City of Hawthorne within the course and scope of this Agreement, and if that claim or lawsuit is covered under a Memorandum of Coverage issued
to the City of Redondo Beach, then the City of Hawthorne shall be responsible for any Retained Limit of the City of' Redondo Beach under such Memorandum of Coverage.
SECTION VIII. LLABILIT1
Hawthorne agrees to indemnify, hold harmless and defend at its expense Redondo Beach
from any and all claims, actions, losses. damages, charges, expenses or attorney' s lees to which Redondo Beach may be subject to arising out of, or resulting from, the performance of this Agreement and Redondo Beach' s duties'hereunder as City Prosecutor. Notwithstanding the
foregoing, I-lawthorne' s obligation under this Section shall not apply to any punitive or exemplary damages which may be awarded by a court against Redondo Beach; nor shall this paragraph apply to liability incurred by Redondo Beach for actions outside the scope of services or which result from wrongful or malicious conduct or gross negligence, or through the use of
any personal vehicle, all as to which Redondo Beach shall indemnify and hold Hawthorne, its officers, agents and employees harmless.
SECTION IX. SECTION HEADINGS
The section headings appearing in this \ orecinent , hall not _ otern. Iiinit. inodil\ or in any manner affect the scope. meaning or intent of the pro%isiuns nI this Aoreement
SECTION X. TERM OF MEiMORANDUM OF UNDERSTANDING
This Agreement imi\ he terminated at sn' time by am of the parties. subject to any applicable requirements fur the withdrawal of' counsel imposed by a court or other tribunal or h any other applicable legal requirements_ Redondo Beach and Abaquin reserve the right to
ithdtau from representation of Haw t home or a Haw thorny- related l tii1k due to I lawthorne's failure to male timely payment of fees, expenses and disbursements in accordance a ith the arrangements set firth in the Agreement or for any other reason permitted by the applicable rules of professional conduct. I fare thornc understands that any termination of ser%ices or 3
representation by Abaquin or Redondo Beach or I lawthornc or a I lawthorne- related Entity shall
not relieve I Lawthorne of the obligation to pad the lees. expenses. and disbursements that have been incurred beibre any such termination. SECTION XI. LAW OF CALIFORNIA APPLIES
This AY,;reement and any questions connected with its construction shall be construed or determined accord, nt to the laws of the State of California.
IN WITNESS WHEREOF, the parties have executed this Agreement in California.
this
as of
day of April. 2016.
_
CITY OF REDONDO I3LACH
CITY OF IIAWTI IORNE
By:
By: .
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Russel Miyahira
By:
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Abv
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APPRO
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O. FORM:
CITY ATTORNEY APPROVED AS TOO FOR?% I:
ewe"( City Attorney' s(
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