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HomeMy WebLinkAboutContracts & Agreements_128a-2009_CCv0001.pdf LAW OFFICES OF CURTIS L. COLEMAN EMAIL catem9milawCesithlink.not HOWARD HUGHES CENTER TELEPHONE 53101 348-8186 www,curtiecolornamiew.com 6601 CENTER DRIVE WEST, SUITE SOO FACSIMILE (310) 861-14e4 LOS ANGELES. CALIFORNIA 900AS August 7, 2009 City of Redlands 35 Cajon Street Redlands, CA 92373 Attention: Dan McHugh, City Attorney Re: Engagement and Fee Agreement Letter Dear Mr. McHugh: This letter is to welcome the City of Redlands ("Redlands") as a client of mine and to set forth in writing the basis on which services will be rendered and fees and expenses will be charged. I apologize in advance for the tone of this letter, but the contents are largely dictated by State Bar requirements. I am pleased to be representing Redlands in connection with compliance issues related to the operation of a landfill gas fired reciprocating engine located at the City' s wastewater treatment plant. I will work with you to provide all legal services reasonably required to represent you in these matters. I will strive to keep you informed of significant developments in the matter and to be available to answer your inquiries. In turn, it is important to my effective representation that you keep me informed of developments in this matter of which you become aware, inform me promptly of any change in your address or telephone number, and be available to provide information to me regarding issues that arise in this representation. I have checked for conflicts of interest and have verified that I have none. It is my philosophy to provide superior legal services at a reasonable cost . I will be the attorney responsible for your legal work. No other persons associated with my offices will work on this matter without your prior approval. My hourly rate for this representation will be $300 . 00 and I maintain careful records of the time spent on your Dan McHugh, Esq. August 7, 2009 Page 2 matter. This rate will not be changed without prior notification to you. I bill my time in increments of 6 minutes. The time spent and the hourly rate will be the factors that determine the amounts billed for my services. I plan to send one bill monthly for services rendered to your offices at the above address. If this is not acceptable, please notify me immediately so we can determine the best way to handle the billings. It is my policy to recover expenses from clients, while keeping the cost of such expenses to a minimum. Therefore, in addition to my fees for legal services, I reserve the right to charge separately for certain reasonable costs and expense disbursements as follows: messenger, courier, attorney service, and Federal Express charges (if necessary) ; costs of required travel outside the South Coast Air Basin (coach if by air, $0 . 55 per mile if by automobile, actual costs if by other ground transport) ; photocopying (actual costs, not to exceed $0.25 per page) ; non-attorney staff overtime when required by the client or the matter' s timing; computer research facilities (with the prior approval of the client) ; word processing done by outside services for which I am charged (with the prior approval of the client) ; court reporters; and other costs and expenses incurred on your behalf. Large disbursement billings from sources outside my firm (e.g. consultants and investigators) may be forwarded by me to you for direct payment. Of course, no such sources of large disbursements (including word processing, messenger, courier, and computer research services) would be generated without your prior approval. My billing statements will be rendered on a monthly basis. They will identify the person who performed the work (generally, myself) , a description of the task or tasks performed arnd the number of hours spent on those tasks (on a daily basis) , the fees charged for the performance of those tasks, and an itemization of out-of-pocket expenses. My statements are due and payable upon receipt and are considered delinquent if not paid within 30 days . I reserve the right, after appropriate notice, to assess a charge on delinquent statements at the rate of twelve percent per annum. If you should have any questions or disputes concerning any amounts billed to you, please feel free to contact me immediately. If I cannot resolve the problem to your Dan McHugh, Esq. August 7, 2009 Page 3 satisfaction, you have the right to seek arbitration of the dispute through the Los Angeles County Bar Association. Z reserve the right to withdraw from representation as permitted or required by the applicable statutes or rules regarding professional responsibilities of attorneys. Among the facts constituting grounds for withdrawal are breach of the agreements in this letter as to expenses or fees, refusal to cooperate with me or to follow my advice with respect to a material matter or any other fact or circumstance that would render my continuing representation of you unethical or unlawful. Please acknowledge your receipt of, and agreement with the terms contained in, this letter by returning a signed copy to me at your earliest convenience. Thank you for choosing me to assist you. Ver { truly ,y urs, y Curtis L. Coleman ACKNOWLEDGED AND ACCEPTED City of Redlands B y: i HARRISON, MAYOR