HomeMy WebLinkAboutContracts & Agreements_151-2021Indian Wells
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BEST BEST & KRIEGER
ATTORNEYS AT LAW
3390 University Avenue, 5th Floor P 0 Box 1028, Riverside, CA 92502
Phone: (951) 686-1450 I Fax: (951) 686-3083 I www.bbklaw.com
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(916) 325-4000
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(619) 525-1300
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(925) 977-3300
Ontario Washington, DC
(909) 989-8584 (202) 785-0600
Charity Schiller
(951) 826-8223
charity.schiller@bbklaw.com
File No. 09957.00000
August 13, 2021
VIA E-MAIL TO DANMCHUGH@CITYOFREDLANDS.ORG
Dan McHugh, City Attorney
City of Redlands
35 Cajon Street, Suite 200
Redlands, CA 92373
Re. Continued Engagement of Best Best & Krieger LLP
Dear Mr McHugh.
ABOUT OUR REPRESENTATION
Best Best & Krieger LLP is pleased to continue representing the City of Redlands
("Redlands") as special counsel. Specifically, we will assist Redlands by providing California
Environmental Quality Act ("CEQA") and land use review service, as well as litigation defense
services subject to a supplemental conflict check, for the West Palm Avenue Residential
Development Project ("Project"), an approximately 13-acre, gated residential development. This
letter constitutes our agreement setting the terms of our representation. If you want us to represent
you and agree to the terms set forth in this letter, after you review the letter please sign it and return
the signed copy to us.
CONFIDENTIALITY AND ABSENCE OF CONFLICTS
An attorney -client relationship requires mutual trust between the client and the attorney It
is understood that communications 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 defines whether a past or present relationship with any
party prevents us from representing Redlands. Similarly, Redlands 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,
Diversified Pacific LLC, Redlands Palm Investments LLC, Matthew Jordan, John McClendon,
09957.00000\34278788.1
BEST BEST 84 KRlEGRR
ATTORNEYS AT LAW
Dan McHugh, City Attorney
August 13, 2021
Page 2
and the McClendon, Leibold, Mann firm. Based on that check, we can represent Redlands in
regards to the Project. Please review the list to see if any other persons or entities should be
included. If you do not tell us to the contrary, we will assume that this list is complete and accurate.
We request that you update this list for us if there are any changes in the future.
YOUR OBLIGATIONS ABOUT FEES AND BILLINGS
Myself, or my business partner, Alisha Winterswyk, will lead the CEQA team on this
matter In view of our firm's long history providing special counsel services to Redlands, we are
both pleased to offer the City our discounted, hourly billing rates of $395 per hour Additionally,
we will not be requesting any advance deposit or retainer fee from the City prior to the
commencement of work.
Other attorneys may be called upon from time to time to work on matters as particular
needs arise and will be billed at the discounted hourly rates listed below These rates are, likewise,
sharply discounted as compared to our standard rates. Rates for our CEQA/land use attorneys on
this matter shall be as follows.
Partners and Of Counsel $350 00
Associates $285 00
Paralegals & Clerks $170 00
Our rates are reviewed annually and may be increased from time to time with advance
written notice to the client.
The billing policies are described in the memorandum attached to this letter, entitled "Best
Best & Krieger LLP's Billing Policies." You should consider the Billing Policies memorandum
part of this agreement as it binds both of us. For that reason, you should read it carefully
INSURANCE
We understand that you are not now insured or have any insurance that may cover potential
liability or attorneys' fees in this case. If you think you may have such insurance, please notify
me immediately
We are also pleased to let you know that 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.
09957.00000\34278788.1
Dan McHugh, City Attorney
August 13, 2021
Page 3
BEST BEST & KRIEGER ;
ATTORNRYS AT LAW
NEW MATTERS
When we are engaged by a new client on a particular matter, we are often later asked to
work on additional matters. You should know that such new matters will be the subject of a new
signed supplement to this agreement. Similarly, this agreement does not cover and is not a
commitment by either of us that we will undertake any appeals or collection procedures. Any such
future work would also have to be agreed upon in a signed supplement.
CIVILITY IN LITIGATION
In litigation, courtesy is customarily honored with opposing counsel, such as extensions to
file pleadings or responses to other deadlines. In our experience, the reciprocal extension of such
courtesies saves our clients' time and money By signing this letter you will be confirming your
approval of this practice in your case.
HOW THIS AGREEMENT MAY BE TERMINATED
You, of course, have the right to end our services at any time. If you do so, you will be
responsible for the payment of fees and costs accrued but not yet paid, plus reasonable fees and
costs in transferring the case to you or your new counsel. By the same token, we reserve the right
to terminate our services to you upon written notice, order of the court, or in accordance with our
attached Billing Policies memorandum. This could happen if you fail to pay our fees and costs as
agreed, fail to cooperate with us in this matter, or if we determine we cannot continue to represent
you for ethical or practical concerns.
CLIENT FILE
If you do not request the return of your file, we will retain your file for five years. After
five years, we may have your file destroyed. If you would like your file maintained for more than
five years or returned, you must make separate arrangements with us.
THANK YOU
On a personal note, we are pleased that you have selected Best Best & Krieger LLP to
continue representing Redlands. We look forward to a continued long and valued relationship
with Redlands and appreciate your confidence in selecting us to represent Redlands in regards to
the Project. If you have any questions at any time about our services or billings, please do not
hesitate to call me.
09957.00000\34278788.1
BEST BEST & KRIEGER
ATTORNEYS AT LAW
Dan McHugh, City Attorney
August 13, 2021
Page 4
If this letter meets with your approval, please sign and date it, and return the ongmal to us
Unless you sign, date and return the original, we will not represent you m any capacity, and we
will assume that you have made other arrangements for legal representation We have enclosed a
separate signed copy of this letter for your records
CS smb
AG
By
Dated
CCEPTED
VP- Lif a4
09957 00000\34278788 1
Sincerely,
Charity Schiller
of BEST BEST & KRIEGER LLP
Sci,jue-f
BEST BEST & KRIEGER LLP'S BILLING POLICIES
Our century of experience has shown that the
attorney -client relationship works best when there is mutual
understanding about fees, expenses, billing and payment
terms. Therefore, this statement is intended to explain our
billing policies and procedures. Clients are encouraged to
discuss with us any questions they have about these policies
and procedures. Clients may direct specific questions about
a bill to the attorney with whom the client works or to our
Accounts Receivable Department
(accounts.receivable@bbklaw com) Any specific billing
arrangements different from those set forth below will be
confirmed in a separate written agreement between the client
and the firm.
INVOICE AND PAYMENT OPTIONS
Best Best & Krieger strives to meet our clients'
needs in terms of providing a wide variety of invoice types,
delivery and payment options. Please indicate those needs
including the preferred method of invoice delivery (Invoice
via Email, or USPS) In addition,
accounts.receivable@bbklaw.com can provide a W-9 upon
request and discuss various accepted payment methods.
FEES FOR PROFESSIONAL SERVICES
Unless a flat fee is set forth in our engagement letter
with a client, our fees for the legal work we will undertake
will be based in substantial part on time spent by personnel
in our office on that client's behalf. In special circumstances
which will be discussed with the client and agreed upon in
writing, fees will be based upon the novelty or difficulty of
the matter, or the time or other special limitations imposed
by the client.
Hourly rates are set to reflect the skill and
experience of the attorney or other legal personnel rendering
services on the client's behalf. All legal services are billed
in one -tenth of an hour (0 10/hour) or six -minute
increments. Our attorneys are currently billed at rates from
$220 to $795 per hour, and our administrative assistants,
research assistants, municipal analysts, litigation analysts,
paralegals, paraprofessionals and law clerks are billed at
rates from $150 to $290 per hour for new work. These rates
reflect the ranges in both our public and our private rates.
These hourly rates are reviewed annually to accommodate
rising firm costs and to reflect changes in attorney status as
lawyers attain new levels of legal experience. Any increases
resulting from such reviews will be instituted automatically
and will apply to each affected client, after advance notice.
Non -Attorney Personnel. BBK may employ the
services of non -attorney personnel under the supervision of
09957.00000\34278788.1
a BBK attorney in order to perform services called for in the
legal services agreement. The most common non -attorney
personnel utilized are paralegals. Other types of non -
attorney personnel include, but are not limited to, case
clerks, litigation analysts, and specialty consultants. The
client agrees that BBK may use such non -attorney personnel
to perform its services when it is reasonably necessary in the
judgment of the responsible BBK attorney Hourly fees for
non -attorney personnel will be charged at the rate then in
effect for such personnel. A copy of BBK's current rates
and titles for non -attorney personnel will be provided upon
request.
FEES FOR ELECTRONICALLY STORED
INFORMATION ("ESI") SUPPORT AND STORAGE
BBK provides Electronically Stored Information
("ESI") services for matters requiring ESI support —
typically litigation or threatened litigation matters. BBK
provides services for basic ESI processing and storage at the
following rates per month based on the number of gigabytes
of data ("GB") processed and stored:
1GB -250GB $10 per GB
251 GB - 550GB $8 per GB
551GB-750GB $6perGB
751GB - 1TB $4 per GB
The amount BBK charges for basic processing and
storage of ESI allows BBK to recover the costs of providing
such services, plus a net profit for BBK. BBK believes that
the rates it charges for processing and storage are lower than
comparable services available from third party vendors in
the market. If you wish to contract separately with a third
party vendor for processing and storage costs, please notify
BBK in writing. BBK shall not incur costs for ESI support
on a particular matter without first confirming by email or
written correspondence with the client that the client agrees
such services are necessary for the matter at hand.
FEES FOR OTHER SERVICES, COSTS AND
EXPENSES
We attempt to serve all our clients with the most
effective support systems available. Therefore, in addition
to fees for professional legal services, we also charge
separately for some other services and expenses to the extent
of their use by individual clients. These charges include but
are not limited to, mileage at the current IRS approved rate
per mile, extraordinary telephone and document delivery
charges, copying charges, computerized research, court
filing fees and other court -related expenditures including
court reporter and transcription fees. No separate charge is
made for secretarial or word processing services, those costs
are included within the above hourly rates.
We may need to advance costs and incur expenses
on your behalf on an ongoing basis. These items are
separate and apart from attorneys' fees and, as they are out-
of-pocket charges, we need to have sufficient funds on hand
from you to pay them when due. We will advise the client
from time to time when we expect items of significant cost
to be incurred, and it is required that the client send us
advances to cover those costs before they are due.
ADVANCE DEPOSIT TOWARD FEES AND COSTS
Because new client matters involve both a
substantial undertaking by our firm and the establishment of
client credit with our accounting office, we require an
advance payment from clients. The amount of this advance
deposit is determined on a case -by -case basis discussed first
with the client, and is specified in our engagement letter
Upon receipt, the advance deposit will be deposited
into the firm's client trust account. Our monthly billings
will reflect such applications of the advance deposit to costs
and not to attorney's fees (unless otherwise noted in our
accompanying engagement letter) At the end of
engagement, we will apply any remaining balance first to
costs and then to fees. We also reserve the right to require
increases or renewals of these advanced deposits.
By signing the initial engagement letter, each client
is agreeing that trust account balances may be withdrawn
and applied to costs as they are incurred and to our billings,
when we issue our invoice to the client. If we succeed in
resolving your matter before the amounts deposited are
used, any balance will be promptly refunded.
MONTHLY INVOICES AND PAYMENT
Best Best & Krieger LLP provides our clients with
monthly invoices for legal services performed and expenses
incurred. Invoices are due and payable upon receipt.
Each monthly invoice reflects both professional and
other fees for services rendered through the end of the prior
month, as well as expenses incurred on the client's 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
Our fees are not contingent upon any aspect of the
hatter 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
09957.00000\34278788.1
charge of one percent per month on the unpaid invoice may
be added to the balance owed, commencing with the next
statement and continuing until paid.
It is our policy to treat every question about a bill
promptly and fairly It is also our policy that if a client does
not pay an invoice within 60 days of mailing, we assume the
client is, for whatever reason, refusing to pay We reserve
the right to terminate our engagement and withdraw as
attorney of record whenever our invoices are not paid. If an
invoice is 60 days late, however, we may advise the client
by letter that the client must pay the invoice within 14 days
or the firm will take appropriate steps to withdraw as
attorney of record. If the delay is caused by a problem in the
invoice, we must rely upon the client to raise that with us
during the 14-day period. This same policy applies to fee
arrangements which require the client to replenish fee
deposits or make deposits for anticipated costs.
From time to time clients have questions about the
format of the bill or description of work performed. If
you have any such questions, please ask them when you
receive the bill so we may address them on a current
basis.
CHANGES IN FEE ARRANGEMENTS AND BUDGETS
It may be necessary under certain circumstances for
a client to increase the size of required advances for fees
after the commencement of our engagement and depending
upon the scope of the work. For example, prior to a
protracted trial or hearing, the firm may require a further
advance payment to the firm's trust account sufficient to
cover expected fees. Any such changes in fee arrangements
will be discussed with the client and mutually agreed in
writing.
Because of the uncertainties involved, any estimates
of anticipated fees that we provide at the request of a client
for budgeting purposes, or otherwise, can only be an
approximation of potential fees.
BEST BEST & KRIEGER LLP