HomeMy WebLinkAboutContracts & Agreements_55-2019 ,
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(310)643-8448 {8S9)525-'l3U0
p���fl 300 SauEh Grand Rvenue,25ih Flonr,Lns Angeles,CA 90D71
(969)98s-a5sa Phone:{213)8�7-8100 � Fax:(2t3}677.7q8Q � �rnvw.bbk[aw.cum �a�nu1 Csee�
{925)9T7-3340
WashingiRn,nC
Ge31 A.Karish (202�7B5•06an
(213)617-?491
gaiE.karish@6bklaw.cam
` March 22, 2019
Vt�E-MntL� U.S,M���.
d��zclaugh@ciryafi•edlands.arg
Daniel J. McHu�h
C'rty Attorney
City of Redlands
35 Cajan Street, Suite 2U0
Redlands, CA 92373
Re: Bngageenent Letter For Wireless Ad�ice
Dear Mr. MeHu�h:
ABOUT OUR ItEPRESENTATI�N
Best Best & Krie�er LLP is pleased to assist the City of Redlands by providing advice on
wireless rr�atters incl�din� ordinance updates. This tetter canstitu#es our agreement setting the
terms of our r�presentation. After re�iewin� t�is le#ter, if you are in agreemertt with the terms,
please sign it and ret�rn t[�� si�ned capy ta us.
CONFIDENTIALITY AND AB�ENCE OP'CON�'LiCTS
An attorney-clisni relationship requires mut�al trust between the client and the attorney.
[t is understood lhat camrr�unications exclusively between counsel and the client are canfidential
and protected by the attorney-client privilege.
To also assurE rrt�tuality of trust, we ha�e maintained a conflict oF interest index. The
California Rules of Professional Conduct de�'mes rvhether a past ar present re[atianshig with any
party prevents us from representing your �irm. �irnilarly, your firnn's name w�li be included in
nur list af clients to ensure ws comgly with the Rules af �'rofessinnal Canduct with respect to
your fir�n.
As the City is aleeady an existing client, we have checked the foilowing additio�al names
a�ainst our client index: Verizon Wireless, Crawn Castle, and AT&T VVieeless. Based on that
check, we can represent you. Please review the list to see if ar�y other persons or entities should
be included, If you do nat tell us ta th� contrary, we will assume that this list is camplete and
accurate. We request that yau update this list far us ff there are any c�anges in the future,
09896.OQ9(3;3�3,91840f3 i
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�ES'� ��5�� �('ir�R.�
AT'�'p�NEYS AT LhW
Daniel J. McHugh
City Attor�ey
�r7!'C�l ��, ��1�
Fa�;e�
YOUR OBLIGATIDNS ABQUT �'EES AND BILLINGS
My liourly bilIir�� rate is $350 and telecornrr�unicatians assoeiate Andrew W. McCardle's
rate is$285.
The ran�e oF billing rates for others are described in the n�emorandum attached ta this
letTer which as entitled "Bsst Best & Kriegar LLF's Biiling Policics." It also describ�s the other
aspects af our firrn's billing policies. Yau shnuld consider the Bil�ing Policies metnorandum part
of this a�reement as it bin�s both af us, For that reasan, you shauld read it care�Zlly,
1NSURANCE
We are a(so pleased to let you know that Best Best & Krie�er LL� carries errors and
omissions instarance with Llayd's of London. After a s�ar�dard deduciible, this insurance
pro�ides coverage beyond what is required by the Stat�of California.
NEW MATTERS
When we are enga�,ed by� a cIient an a partic�alar matter, we are often later aslted to work
on additional matters. Yau should know that such new mattcrs will be the subject of a ncw
si�;ned supplernent to this a�reernent. Similarly, this a�reement does not cover and is not a
commitment by either af us that we wiIl underiake any litigation or colleetion proced�res. Any
sueh �ture work would also have ta b�agreed upon in a si�ned supplement.
CiV1LITY IN LITIGATION
In iiii�atian, caurtesy is cusiomarily honored with ap}aosing counsel, such as extensians
ta �!e pleadings or responses to other cieadEines. In aur experience, the reciprocal extension of
such courkesies saves onr cliertts' time and maney. By si�ning this letter you will be confirrr►in�
your approval o�this practica in your case.
HOW THIS AGRE�MLN'f MAY BE TERMINAT�D
You, of course, have the r�ght ko e�d our services at any time. If you do sa, you will be
responsible for the payment of fees and costs accrued but not yet paid, pIus reasonable fees and
eosts in �ransferring the case to you or your new eounsel. By the same token, we reserve the
right to terminat� our services to you upan written nntice, order of the court, or in acct�rdanee
with our attached Billin� Policies znemorandum. This could happen if you fail to �ay o�r fees
D984b.flQ00QL319lSaC4 1
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B�EST BEST�K.RIEG�R�
ATTORNBYS AT LAW
Daniel J. McHugh
City Attorney
March 22, 2fl 19
Page 3
;
and costs as agrced, fail to cooperate wiih us in this matter, or if �ve determine we cannot
cantinue to represent you for ethical or practical concems.
CLIENT li II.E
If you do not request the return of your file, we wil! retain your file for five years, After
f ve years, we may have your file destroycd. If you �vould like your f le maintained for more
than five years or retumed, you must make separate arran�ernents with us.
THANK YOU
On a personal note, we arc p�eased that you have selected Best Best & Krieger LLP to
represent the City on this matter. We look forward ta cantinuing the lang and valued
relationship with the City and appreciate your confidencc in Best Best & Krieger LLP . If you
have any questions at any time about our services or billings, please do not hesitate to call me.
If this letter meets with your approval, please sign, date it, and return iE to me by emaif. I
look forward to working with you.
Very truly yours,
,
, �
Ga� A. Karish
Fartner
BEST BEST&KRIEGER LLP
GAK:ed
AGRL-'ED AND ACCEPTED;
IIy: -
Paul W. Foster, Mayor
City of Redlands
Dated: 3- a-5 - ��1
ATTEST:
anne Donaldson, City Clerk
0989G.OD000�3 I 918400.I
B�ST BEST & KRICGER LLP'S BILLING POLICIES
tJur cen�y af experience has sE�own ihat the reasnnably necessary in the jud�}nent of the resgonsible
altorney-client r�e�ationship tivorks best when there is BBK attamey. Ho�riy fees for non-attomey persor�nel
mutuai unde�standin� aE�ut fees, expenses, billing and will be ch�ed at the rate then in effect far s�ch
payment t�rms. ThcreF�re,this statement is intertded!o persannei. A copy of 13}3K's current rates and tittes for
�xpEain nur billing po�ieies ar�d proced�res. CfienFs ar� non-attomey personnel will be provided upon r�quest.
encou�aged to discuss with us any quesdons they Y�a�e Except for parvlegals, BBK will not incur more than
about these pc�lici�s and procedur�. Clien�s may direct $575 in fees for a non-attarney'S Wfli'I�pil S CL��1��1�1#Ci'
specific questions abaut a bill to ihe a�tamey with wham wi�aut first confrrrning by email or written
the client wnrlcs ar to aur �1,ccour�ts Receivabie correspt�ndence with the client the in#ended use af the
Department. Any specific billin� arrangements non-attomey and the hourly rate for ihat pe�son.
diffemnt from ihose set fortl�t�elow wil!be confirmed in
a separate written a�reezncnt between the ciient and the Fees For�ther Seryices,Costs and�xpe�s
fizaza.
We aitempt to sezve all o�ar clients �vith the rnost
Fees#'or Professional Services et�'ective supporf systems available. Therefore, in
addition la fees for professianal legal services, we also
Unless a�at fee is ss�.t forEh in our engagetr►ent[etter charge separately For some other services and expenses
wilh a elient, our fees for the legal work we wiill to tI3e exient of their use by individua.� c�ients, lhese
undertake�irill be based�n substantial part on t�rne spent charges include but ar� not limited ta, nnileage at the
by personnel in aur office on that client's behalf In c�rent �RS a�proved rate per mile, extraorciinary
sp�cial circurnstances which will be discussed v�rith the telephane and doc�unent deli�very c�rges, copYin�
cli�nt and a�eed upon in vvriting, fees wi!! be based ct�rges, cnmputerized r�search, court fali.n� fees and
upnn the novelty or diff�cuiiy of the mafter,or the ti.me other cc�urt-related expenditu�s including court repor�er
ar other speeial�imitalians impQsed by the client. and transcription fees. I�Io separate char�e is made for
Hour�y rates a.re set to refleet the skill and ���� °r word processin� services; thase cnsts are
experience c�� the attomey ar other le��l perspnnel ��luded within the ai�ave hour�y raEes.
reraderir�� services on rhe client's behalf. All tegal ESI: BBK provides Electrc�nically Stored
services are bitled in one-tent�of an hour(O.l Ofhnur)or Ir�'armatian �SI"} services for m�tters requiring ESI
six-rninute increments.�ur attorneys are cw-rentiy billed s�pport — typically liti�ation or �lu�cat�ncd liti�ahon
at rates f�om $245 to $7S0 per hour, and ai.�r matters. BBIC shall receive payment for ESI support,if
a�inis�-at�ve assistants, law clerlc�, �ingatiar� analysts, needed,at BSK's t}�en current rates. A copy of I3BK's
�ctunicipaI analysts,rese�reh analysts,and paralega�s are cutmnt rates for sucf� scrvices will �e provided upc�n
biiled at r�tes&om�70 tn$290 per hour. These haurly request. BBK shall nat incwr costs fflr ESI suppart on a
rates are reviewed annualiy to accommodate�ising firm garticular mattec witho�c first confirmin� by emaii or
costs and to reflect ehari�es in attamey status as lawyers written correspandence with the ctient that the cl�ent
attain new levels of iegal experience. Any increases a�es sueh services are necessary far the rr3arier at
resuIting from such reeviews wi11 be inssti�tutcr� hand.
automatically and will apply ta each affected cIient,after
advance nolice. We may neecl to advance costs and inc�exgenses
on yaur behaI�on an ongoing bas�s. These it�rns are
Nan-Attorney Personnel: Bl3K may ernploy t13c separate and apart fram atiorr�eys' fees and, as they are
services of nan-attamey per�annel under the supervision out-oF pocket c�es, we need to k�ve sttt�cient fiu�ds
af a BBK atEomey in order ta pe�'arm services�led for on hand from you to pay them when due. We wi�l
in the legal services ageernent. The rnosl cc�rz�non advise tl�e client fram tiane to dme wh�n we expecet
non-attom�y personneI utilized are paralegaIs. Other iterns af si�ficar�t cast ta be inc�d,ar�d it is reqvis�d
types of non-atttimey ge�onnel i�c�ude, but are not that the client serjd us advances to caver thflse costs
lu�ited to, case cterks, IT anafysts, anc� specialty before they are due.
consullants. The client a�rees that BBK may use suel�
non-attgmey persanc�el ta perfnrm i#s 5ervices w�en it is
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E1dv�ance De osit Toward�ees E1nd Costs It is atar poiicy to treat ��ery q�escion attout a bil�
prorr�pt�y and �airiy. It is�Iso nur poiicy that if a client
Because new client m�tte� involve l�oth a does not pay an invoic� vaithin 5(?days of rnailing, we
suhstan�al underlaking by our firnn and the assEcme the client is, fc�r whatever reason, z�cfiasin� ia
estabfishment of clier�t eredit with our accountir�g o�cF:, pay. We reserve the ri�ht io terminate our en�ement
vwe require an advanc� payment from ciients, The ant� r,�i�hdra,W as attamey of rccard whenever our
amount af this adv�nce deposit is deEerrnined on a case- ir►vaaces arc ne�t paid. �f' an invoice is 60 days Iat�,
by-case basis dise�,�ssed first with t�� client, and is ��owever, we may� advise the elient by letter �t the
specified in ovr en�agement lecter. client m�t pay the invoice within 14 days ar the �m
wil� tatce appropriate s�eps to withzlraw as attarney of
Upon receipt,the advance deposit will be deposited record. If the delay is eaused by a problem in the
lFIIQ�1C fll'tTl 5 Cll�ri[U'U.SI 1CCOUI7f. �ur monthly biIlin�s invoice, we rnust rely upon ihe cIicnt to raise that witli
rvill rcfleet such applacations of the advancc deposit Eo �d���� ��Y��od. This sama policy applies to
costs a�d not to attomey's fees (unless otherwise noted fee ajran�emenEs which require the client to neplenish
in o�ar accompanyin�enga�ement letfer). At the end of fee depasits or make deposi�for anticipatec�costs.
enga�ement, we will apply any remainin�;balance first
to cvsts arici then to fees. We also reserve the right to �=rc3m tim� ta tune c�zents have questions about the
require inereases ar renewals of these advanced forcnac of#he biil or descriptian aF�vork ger�ormed. If
deposits. you have any such question5,please ask them when yo�
By signir��the initia� engagenlent Leiter, each client ���ve the bil] so we may address them on a cucrent
is a�e�ng t,hat tn�t accouc;t balances may be
basis.
withc�ra�vn and applied to costs�s tliey ane incurrec�and Chans,�s in I'ee.Arran�ements and F3ud�ets
lo our biliings, when we issue aur invoice to the clien#. �
If we succeed in resolvin� your matter �aefore the It may t�e necessary unde�r certain circumsEances for
arttounts de�siteci az�e used, any balance will 6e a client ia increase the size of�quiz�ed advances£or fees
promptiy refi�ndcd. ai�er t�ie comrnenceznent of o�.u- en�agement and
depending upon the sco}�e af Ehe wark. Far example,
M_ onthl�nvoices and Payment p��r to a pmtracted tria] ar hearang, the &rm may
Best Best& Krieger LLP provid�s aur clier�t�with �uire a further ad�ance payment to the fnm's trust
aecaunt su�icient ta cnver expected fees. Ar►y suct�
manthly in�oices for legal services perfor�ned and ����s in fee arran��menis will be discussed v�th the
expenses incureed. Invcaices are d�e and paya6le upan client�nd mucu�lly agreed in writing.
receipt.
Each monthly invoice reflects boih professiana�and B�'-�°��e uncertainties involved,any estirnates
other fees far se�ces rendered il�ou�h the end o�the °�an�cipated fees that we providc at the request of a
client for budgeting pc�rposes,or othet-wise, ean c�nly�e
prior month, as well as expenses incu�red an the client's �������on of poten6�1 fecs.
behaIf'fhat ha�e been processed by�kte end of the prior
manth_ Processing of some expenses is delayed until g��T BEST&ICRI�GER LLP
the ne�t month and bifled th�reafter.
O►.u�fees are nat contin�ent upon any as�t of the
matter and are due upan receipt. All billings are due ar�d
payable wilhin ten clays of presenta�on ur�.tess the full
arnour�t is cover�by the balance af an advance held in
our 1rusE accaunt. If a bill is nat paid within 30 days, a
latc charge �f c�ne percent per month an the �paid
invoice sf�ali be added to the b�iance owed,
commencing with the next stater�ent and contin�g
until paid.
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