HomeMy WebLinkAboutContracts & Agreements_34a-2006_CCv0001.pdf TERMS OF RETENTION
OF
STRADLING YOCCA CARLSON & RAUTH
I Fees and Costs. Stradling Yocca Carlson & Rauth is compensated for its
services based primarily on the value of the services and the time spent performing them. This
includes the time spent on conferences, court appearances, depositions, travel, research, drafting
documents, and other activities. Our current hourly rates range from $160 to $495; however,
hourly rates for services under this agreement will be based on the Schedule (and any negotiated
rate changes and annual CPI adjustments.) We also bill for services performed by our
paralegals, librarian, senior legal assistants, and other professional personnel at rates presently
ranging between $90 and $150 per hour. These rates are modified from time to time (and are
subject to annual CPI adjustments).
The amount of fees charged on a statement is determined by the hours expended by the
different attorneys and other professional personnel involved.
The firm also charges for various costs such as copying, telephone charges, computerized
legal research, word processing and/or other computer time, overtime costs, messenger services,
travel, filing fees and other costs. Bills for some costs are passed on directly, such as bills for
certified shorthand reporters, technical consultants, and other professional fees.
Payment is due within thirty (30) days of the date of each fee and costs statement.
Overdue statements will be charged interest of 10% per annum, compounded annually. If you
wish to question any charge, you have agreed to do so within thirty (30) days of the statement
date. Please contact the partner in charge of your matters if you have any questions about any of
your bills.
2. Estimates Not Binding. Although we may furnish estimates of fees or costs that
we anticipate will be incurred, these estimates are not intended to be binding, are subject to
unforeseen circumstances, and are by their nature inexact.
3. Termination by You. You have the right at any time, in your sole discretion, to
terminate our services and representation. Upon our termination, you will remain obligated to
pay for all services rendered and costs or expenses paid or incurred on your behalf prior to the
date of such termination or which are reasonably necessary thereafter.
4. Termination by Us. We reserve the absolute right to withdraw from representing
you if, among other things, you fail to honor the terms of our agreement, you fail to cooperate
fully or follow our advice on a material matter, or any fact or circumstance occurs that would, in
our view, render our continuing representation unlawful or unethical. If we elect to withdraw,
you will take all steps necessary to free us of any obligation to perform further services,
including the execution of any documents necessary to complete our withdrawal, and we will be
entitled to be paid at the time of withdrawal for all services rendered and costs and expenses paid
or incurred on your behalf. If necessary in connection with litigation, we would request leave of
court to withdraw.
DOCSOC/1 1907]6v2/029999-0000
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5. Date of Termination. Our representation of you will be considered terminated at
the earlier of (i) your termination of our representation, (ii) our withdrawal from our
representation of you, or(iii) the substantial completion of our substantive work for you.
6. Related Activities. If any claim or action is brought against us or any personnel
or agents of the firm based on your negligence or misconduct, or if we are asked to testify as a
result of our representation of you or must defend the confidentiality of your communications in
any proceeding, you agree to pay us for any resulting fees, costs, or damages, including our time,
even if our representation of you has ended.
7. No Guarantee of Outcome. We do not and cannot guarantee any outcome in a
matter.
8. Insurance. In accordance with the requirements of California Business and
Professions Code §6148, we advise you that this firm maintains professional errors and
omissions insurance coverage applicable to the services to be rendered to you.
9. Client. This firm's client for the purpose of our representation is only the person
or entity identified in the letter accompanying these Terms of Retention. Unless expressly
agreed, we are not undertaking the representation of any related or affiliated person or entity, nor
any parent, brother-sister, subsidiary, or affiliated corporation or entity, nor any of your or their
officers, directors, agents, or employees.
10. Payment Notwithstanding Dispute. In the event of any dispute that relates to
our entitlement to any payment from you, all undisputed amounts shall be paid by you. Any
amounts in any client trust account held on your behalf, sufficient to pay the disputed amounts,
shall continue to be held in such trust account until the final disposition of the dispute.
Date: November 19 2006 AGREED:
THE REDEVELOPMENT AGENCY OF THE
CITY OF REDLANDS
BY:
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JON HARRISON,CHAIRMAN
DOCSOCA 190716v2/029999-0000
Steven Dukett
From: Dan McHugh
Sent: Friday, December 15, 2006 8:57 AM
To: Steven Dukett
Cc: Jon Harrison; Janice McConnell; Sam Racadio
Subject: special counsel services for Redevelopment Agency housing activities
Steve---I received your December 14th memorandum to me regarding your
recommendation that the Redevelopment Agency engage the services of special counsel to
assist the Agency with the many affordable housing projects and programs which the Agency
is now commencing to pursue. I concur with your recommendation that Jon Goetz and his
firm, Stradling Yocca Carlson & Rauth, have the requisite experience and expertise to
assist Agency staff and the Board on as needed basis.
The City Attorney (and in his role as Agency General Counsel) , pursuant to the
Redlands Municipal Cade, has the authority to engage special counsel in instances such as
this without the necessity of receiving prior approval of the City Council/Agency Board.
You and I both concur that because of present workload demands, the Agency and staff will
benefit from such services by bringing Mr. Goetz on board as soon as possible.
Consistent with the Municipal Code requirements, I am copying Jon Harrison. with
this email, as Chairman of the Board, so that he is aware of our recommendation when
Janice McConnell presents the "Terms of Retention" for the Stradling firm to him for
execution. I am also informing Chairman Harrison that those "Terms" have been carefully
reviewed and are acceptable to Agency staff and counsel. Janice McConnell now has the
"Terms of Retention" and will obtain Chairman Harrison's signature as soon as practical
early next week.
Thanks, Dan McHugh.
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telephone (909) 798-7595 and return the original message to us by mail to the City
Attorney's Office, City of Redlands, P.O. Box 3005, Redlands, California 92373.
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