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HomeMy WebLinkAboutContracts & Agreements_103A-2012_CCv0001.pdf MAN©ELL MUNICIPAL COUNSELING Mark E. Mandell, Esq. PO Box 481187 Los Angeles, CA 90048 July 10, 2012 Dan McHugh City Attorney City of Redlands F.O. Box 3005 Redlands, California 92373 Dear Dan: Thank you for asking me to provide legal services to the City of Redlands. This letter sets forth the basis upon which I will provide legal services to the City and bill the City for services and costs. If the City finds this letter agreement acceptable, please execute this letter and return it to me. If you have questions or concerns about this form of agreement, or if you would prefer to use a different form of agreement, please call me at the number listed above. I propose to provide services at a rate of$235 per hour. I may raise my hourly rate from time to time, beginning on January 1, 2013. I will give you written notice, however, before I do so. My office is located in West Los Angeles. If you ask nae to attend a meeting in Redlands in person, I will bill the City at half of my usual hourly rate for time spent driving to and from Redlands,plus a milage reimbursement at the IRS standard rate. I typically do not incur costs associated with overnight shipping, production photocopying, unusual word processing tasks, nonroutine or federal computerized legal research or the like. However, if such costs become necessary, I will recharge you for them as "expenses." I will seek your permission before incurring any such expense in excess of$75. I will not charge you for local or domestic long distance telephone calls, incoming or outgoing faxes, routine word processing, routine secretarial tasks or routine computerized legal research. All expenses are charged at my actual cost, without markup. I bill for my services at the end of each month, and expect payment within 30 days of the billing date. (310)274-8921 Mark@MandellMuni.com Dan McHugh July 10, 2012 Page 2 Please note that I am an advisory and transactional attorney with a practice concentrated on California revenue law. I am not a litigation attorney. Consequently, if the City enters into litigation, it will need to retain other qualified counsel to serve as its lead litigator in the litigation. I will be happy to assist the City in selecting such counsel, if asked, and I will assist such counsel in any manner that they, I and the City agree will be appropriate and useful. You have the right to terminate our representation at any time. I have the same right, subject to my ethical obligations, including an obligation to give you reasonable notice to arrange alternative representation. In either circumstance, you agree to secure new counsel to represent you as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in any litigation in which we may be involved. Notwithstanding the termination of our representation, you will remain obligated to pay to me all fees and costs incurred prior thereto. You should be aware that you are entitled to require that any fee dispute be resolved by binding arbitration in San Mateo pursuant to the arbitration rules for legal fee disputes of the local bar association selected by you. Please review the foregoing and, if it meets with your approval, please execute a copy of this letter and return it to me by email. If you have any questions, please feel free to call me. I look forward to representing the City. Sincerely, Mark E. Mandell, Esq. I agree to the above terms. Date: To L /7, , 2012 Mark E. Mandell, Esq. Principal, Mandell Municipal Counseling CA State Bar#208663 Education J.D.,Boalt Hall School of Law (UC Berkeley), Class of 2000 B.A.,University of California,Berkeley, History&Sociology, Class of 1995 Employment Mandell Municipal Counseling,Principal,2004-Present Colantuono &Levin, Associate, 2003-2004; Special Counsel,2004-Present Richards, Watson&Gershon, Public Law &Public Finance Associate,2000-2003 Other Activities Speaker,"Proposition 218&26 Update,"City Attorney's Spring Conference,2012 Speaker, "Proposition 26 Overview Webinar,"League of California Cities, 2011 Member,League of California Cities,City Attorney Department, Proposition 26 Workgroup Speaker, "Judging The Risk of Different Types of Assessments Under Recent Proposition 218 Case Law,"Tri-Counties Local Government Attorneys Association, 2010 Speaker(Breakout Session),"City Attorney Issuer's Counsel Opinions,"City Attorney's Spring Conference,2005 Speaker,"Revenue Options After Proposition 218,"California Municipal Revenue and Taxation Association, Annual Conference, 2004 Representative Special Counsel Projects (Through Mandell Municipal Counseling or Prior Employment) City of Belmont, Solid Waste Franchise Agreement Renewal City of Benicia, Revision and Increase of Business License Tax City of Fremont,Impact Fee Revision Fresno County Fire Protection District,Fire Suppression Assessment City of Glendora,Landscaping&Lighting Assessments City of Hawthorne, Utility Users' Tax Election City of La Habra Heights, Expansion of Public Safety Special Tax City of Los Altos, Sewer Fee Project Town of Mammoth Lakes,Establishment of Mello-Roos Special Tax for Timeshare Projects Orange County Vector Control District,Vector Control Assessment City of Pacifica, Establishment of Fire Suppression Assessment City of Palo Alto, Citywide Transportation Impact Fee Project City of Pasadena. Establishment of Tourism Business Improvement District City of Rancho Palos Verdes,Financing Alternatives Study City of Redwood City, One Marina Community Facilities District Acquisition Agreement City of Ventura, Aldea Hermosa Maintenance Assessment District PO Box 481187 Phone (310) 274-8921 Los Angeles, CA 90048 Mark@MandellMuni.com www.MandelIMuni.com of g ef' - `� r Ji Office of the Daniel J. McHugh City Attorney City Attorney dmchu-h(a citvofredlands.ora, City of Redlands MEMORANDUM TO: SAM IRWIN, CITY CLERK FROM: SHERI A. SEBASTIAN LEGAL SECRETARY DATE: JULY 25, 2012 RE: RETENTION OF LEGAL SERVICES AGREEMENT MANDELL MUNICIPAL COUNSELING Sam: Attached please find an original executed Retention of Legal Services Agreement with Mandell Municipal Counseling for your files. Please place this "letter agreement" in the file containing our Special Services Agreements with special counsel, which is currently being maintained by the City Clerk's office. Should you have any questions regarding this matter, please feel free to contact me. SHERI A. SEBASTIAN Attachment P.O. Box 3005 • Redlands, CA 92373 • (909) 798-7595 • FAX (909) 798-7503 1:\ca\Legal Secretary\Memos\2012\transmittal.clerk.mandell agint.7.25.12.doc