HomeMy WebLinkAboutContracts & Agreements_103A-2015_CCv0001.pdf Indian Wells Riverside
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Irvine BEST BEST &KmEGER n Sacramento
(949)263-2600 ATTORNEYS A T LAW (916)325-4000
Los Angeles Walnut Creek
(213)617-8100 (925)977-3300
Ontario 655 West Broadway,15«'Floor,San Diego,CA 92101 Washington,DC
(909)989-8584 Phone:(619)525-1300 1 Fax:(619)233-6118 1 www.bbklaw.com (202)785-0600
Shawn Hagerty
(619)525-1327
shawn.hagerty@bbklaw.com
File No. 09975.00002
May 15, 2015
VIA E-MAIL[PFOSTER@CITYOFREDLANDS.ORCI
Paul Foster
Mayor
City of Redlands
P.O. Box 3005
Redlands, CA 92373
(772) 924-8499
Re: Engagement of Best Best &Krieger LLP
Dear Mr. Foster:
Best Best & Krieger LLP is pleased to represent the City of Redlands("Redlands"). After
you have studied the contents of this proposed retainer agreement, discussed it with me if you
wish, and are satisfied that it meets your needs, please sign and date in the space provided and
return it to me.
CONFIDENTIALITY AND ABSENCE OF CONFLICTS
An attorney-client relationship requires mutual trust between the client and the attorney.
Communication exclusively between counsel and the client are confidential and protected by the
attorney-client privilege.
To also assure mutuality of trust, we have maintained a conflict of interest index. The
California Rules of Professional Conduct define whether a past or present relationship with any
party prevents us from representing you. Similarly, your name will be included in our list of
clients to ensure we comply with the Rules of Professional Conduct with respect to Redlands.
We have checked the following names against our client index: City of Redlands and the Santa
Ana Regional Water Quality Control Board. Based on that check, we can represent Redlands.
09975.00002\9781559.1
109.&
BEST BEST& KMEGER
ATTORNEYS AT LAW
Paul Foster
Mayor
May 15, 2015
Page 2
SCOPE OF SERVICE
We agree that you are hiring Best Best & Krieger LLP to represent Redlands in
connection with a potential enforcement action by the Santa Ana Regional Water Quality
Control Board related to the Redlands Waste Treatment Plant. Without a written amendment to
this agreement, our services will not go beyond the work described above.
YOUR OBLIGATIONS ABOUT FEES AND BILLINGS
My current billing rate is $350. Partners, Andre Monette and Daniel Sakai, are at the rate
of $350 and associate Rebecca Andrews' rate is $285. The billing rates for others and
information about the advanced deposit are described in the memorandum attached to this letter
which is entitled "Best Best & Krieger LLP's Billing Policies."It also describes the other aspects
of our firm's billing policies. The Billing Policies memorandum is part of this agreement as it
binds both of us. For that reason, please read it carefully.
INSURANCE
Best Best & Krieger LLP carries errors and omissions insurance with Lloyd's of London.
After a standard deductible, this insurance provides coverage beyond what is required by the
State of California.
HOW THIS AGREEMENT MAY BE TERMINATED
Redlands has the right to terminate this agreement at any time. If Redlands does so,it will
be responsible for the payment of fees and costs accrued at the then hourly rate for all work
performed, plus reasonable fees and costs in transferring the case to new counsel. We reserve the
right to terminate this agreement at any time upon written notice, order of the court, or in
accordance with our attached Billing Policies memorandum. This could happen if Redlands fails
to pay our fees and costs as agreed, fails to cooperate with us in this matter, or if we determine
we cannot continue to represent Redlands for ethical or practical concerns.
CLIENT FILE
If Redlands does not request the return of its file, we will retain the file for five years.
After five years, we may have the file destroyed. If Redlands would like its file maintained for
more than five years or returned, Redlands must make separate arrangements with us.
09975.00002\9781559.1
15911&
BEST BEST &KMEGER
ATTORNEYS AT LAW
Paul Foster
Mayor
May 15, 2015
Page 3
THANK YOU
On a personal note, we are pleased that you have selected Best Best & Krieger LLP to
represent Redlands. We look forward to a long and valued relationship and appreciate your
confidence in Best Best & Krieger LLP. If you have any questions at any time about our
services, please contact me.
If the contents of this agreement are acceptable, and if you agree to our representation of
Redlands, please sign and date in the spaces provided below and return it to me by email. I look
forward to working with you.
Very truly yours,
1PA"
Shawn Hagerty
of BEST BEST& KRIEGER LLP
AGREED AND ACCEPTED BY:
CITY OF REDLANDS
By
Paul Foster, Mayor
Date: -4A-t5/j�
ATTEST:
Sam Irw City Clerk
09975.00002\9781559.1
BEST BEST&KRIEGER LLP'S BILLING POLICIES
Our century of experience has shown that the non-attorney personnel to perform its services when it is
attorney-client relationship works best when there is reasonably necessary in the judgement of the responsible
mutual understanding about fees, expenses, billing and BBK attorney. Hourly fees for non-attorney personnel
payment terms. Therefore,this statement is intended to will be charged at the rate then in effect for such
explain our billing policies and procedures. Clients are personnel. A copy of BBK's current rates and titles for
encouraged to discuss with us any questions they have non-attorney personnel will be provided upon request.
about these policies and procedures. Clients may direct Except for paralegals, BBK will not incur more than
specific questions about a bill to the attorney with whom $500 in fees for a non-attomey's work on a client matter
the client works or to our Accounts Receivable without first confinning by email or written
Department. Any specific billing arrangements correspondence with the client the intended use of the
different from those set forth below will be confirmed in non attorney and the hourly rate for that person.
a separate written agreement between the client and the
firm Fees For Other Services.Costs and Expenses
Fees for Professional Services We attempt to serve all our clients with the most
effective support systems available. Therefore, in
Unless a flat fee is set forth in our engagement letter addition to fees for professional legal services, we also
with a client, our fees for the legal work we will charge separately for some other services and expenses
undertake will be based in substantial part on tune spent to the extent of their use by individual clients. These
by personnel it our office on that client's behalf. In charges include but are not limited to, mileage at the
special circumstances which will be discussed with the current IRS approved rate per anile, extraordinary
client and agreed upon in writing, fees will be based telephone and document delivery charges, copying
upon the novelty or difficulty of the matter, or the time charges, computerized research, court filing fees and
or other special limitations imposed by the client. other court-related expenditures including court reporter
Hourlyrates are set to reflect the skill and and transcription fees. No separate charge is made for
secretarial or word processing services; those costs are
experience of the attorney or other legal personnel included within the above hourly rates.
rendering services on the client's behalf. Tirne is
accrued on an incremental basis for such matters as ESI: BBK provides Electronically Stored
telephone calls (minimuin .3 hour) and letters Information (ESI') services for matters requiring ESI
(minimum.5 hour), and on an actual basis for all other support — typically litigation or threatened litigation
work. Our attorneys are currently billed at rates from matters. BBK shall receive payment for ESI support,if
$245 to$725 per hour,and our administrative assistants, needed, at BBK's then current rates. A copy of BBK's
law clerks, litigation analysts, research analysts, and current rates for such services will be provided upon
paralegals are billed at rates from$140 to$290 per hour. request. BBK shall not incur costs for ESI support on a
These hourly rates are reviewed annually to particular matter without first confirming ming by email or
accommodate rising finn costs and to reflect changes in written correspondence with the client that the client
attorney status as lawyers attain new levels of legal agrees such services are necessary for the matter at
experience. Any increases resulting from such reviews hand,
will be instituted automatically and will apply to each
affected client,after advance notice. We may need to advance costs and incur expenses
on your behalf on an ongoing basis. These items are
Non-Attorney Personnel: BBK may employ the separate and apart from attorneys' fees and, as they are
services of non-attorney personnel under the supervision out-of-pocket charges, we need to have sufficient fiends
of a BBK attormey iun order to perform services called for on hand from you to pay there when due. We will
in the legal services agreement. The most common advise the client from time to tune when we expect
non-attorney personnel utilized are paralegals. Other items of significant cost to be incurred,and it is required
types of non-attorney personnel include, but are not that the client send us advances to cover those costs
limited to, case clerks, IT analysts, and specialty before they are due.
consultants. The client agrees that BBK may use such
09975.0000219781559.1
Advance Deposit Toward Fees And Costs It is our policy to treat every question about a bill
promptly and fairly. It is also our policy that if a client
Because new client matters involve both a does not pay an invoice within 60 days of mailing,we
substantial undertaking by our firm and the assume the client is, for whatever reason, refusing to
establishment of client credit with our accounting office, pay. We reserve the right to terminate our engagement
we require an advance payment from clients. The and withdraw as attorney of record whenever our
amount of this advance deposit is determined on a case- invoices are not paid. If an invoice is 60 days late,
by-case basis discussed first with the client, and is however, we may advise the client by letter that the
specified in our engagement letter. client must pay the invoice within 14 days or the firm
Upon receipt,the advance deposit will be deposited will take appropriate steps to withdraw as attorney of
record. If the delay is caused by a problem in the
into the firm's client trust account. Our monthly billings
invoice, we must rely upon the client to raise that with
will reflect such applications of the advance deposit to us during the 14-day period. This same policy applies to
costs and not to attorney's fees (unless otherwise noted fee arrangements which require the client to replenish
in our accompanying engagement letter). At the end of fee deposits or make deposits for anticipated costs.
engagement, we will apply any remaining balance first
to costs and then to fees. We also reserve the right to From time to time clients have questions about the
require increases or renewals of these advanced format of the bill or description of work perfonned. If
deposits. you have any such questions,please ask them when you
receive the bill so we may address thein on a current
By signing the initial engagement letter, each client basis.
is agreeing that trust account balances may be
withdrawn and applied to costs as they are incurred and Changes in Fee Arrangements and Budgets
to our billings, when we issue our invoice to the client.
If we succeed in resolving your matter before the It may be necessary under certain circumstances for
amounts deposited are used, any balance will be a client to increase the size of required advances for fees
promptly refunded, after the commencement of our engagement and
depending upon the scope of the work. For example,
Monthly Invoices and Pa arm prior to a protracted trial or hearing, the firm may
Best Best&Krieger LLP provides our clients with require a further advance payment to the firm's trust
monthly invoices for legal services performed and account sufficient to cover expected fees. Any such
expenses incurred. Invoices are due and payable upon changes in fee arrangements will be discussed with the
receipt. client and mutually agreed it writing.
Each monthly invoice reflects both professional and Because of the uncertainties involved,any estimates
other fees for services rendered through the end of the of anticipated fees that we provide at the request of a
prior month, as well as expenses incurred on the client's client for budgeting purposes,or otherwise, can only be
approximation ofpotential fees.
behalf that have been processed by the end of the prior
month. Processing of some expenses is delayed until
the next month and billed thereafter. BEST BEST&KRIEGER LLP
Our fees are not contingent upon any aspect of the
matter and are due upon receipt. All billings are due and
payable within ten days of presentation unless the full
amount is covered by the balance of an advance held in
our trust account. If a bill is not paid within 30 days, a
late charge of one percent per month on the unpaid
invoice shall be added to the balance owed,
commencing with the next statement and continuing
until paid.
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