HomeMy WebLinkAboutContracts & Agreements_14-2023COLANTUONO
HIGHS IT
W A `L Y.,PC
MICHAEL G. COLANTUONO 1 (530) 432-7359 j MCOLANTUONOCCHWLAW.US
Our File No. 3004 0005
January 9, 2023
VIA ELECTRONIC MAIL
Yvette M. Abich Garcia, City Attorney
City of Redlands
P. O. Box 3005
Redlands, California 92373
Re: Representation of the City of Redlands on Miscellaneous Special
Counsel Matters
Dear Yvette:
As you asked, I write to propose the terms under which we agree to represent the
City of Redlands ("you" or "City") regarding miscellaneous special counsel matters you
may refer to us from time to time. These will be in addition to our current defense of
Rogers v. City of Redlands, San Bernardino Superior Court Case NO. CIV SB 21 26031.
Colantuono, Highsmith & Whatley, PC and all of its professionals are very pleased to
have the opportunity to represent the City.
This letter sets forth the basis upon which our firm will provide legal services to
you and bill you for services and costs. The firm maintains a conflict of interest index
which lists all clients of our firm and matters in which we represent them. We will not
represent any party with an interest that may be adverse to an indexed person without
first determining if a professional conflict of interest would arise. We propose to index
the following with respect to this matter:
Client -Affiliated Parties:
Adverse Parties:
City of Redlands
County of San Bernardino
790 E. COLORADO BOULEVARD, SUITE 850, PASADENA, CALIFORNIA 91101-2109 j (213) 542-5700
GRASS VALLEY i PASADENA I SACRAMENTO I SOLANA BEACH I SONOMA
29516S,.v1
Yvette M. Abich Garcia, City Attorney
City of Redlands
ranuary 9, 2023
Page 3
and legal assistants. As a courtesy to you, however, we agree to cap our rates at $385 per
hour for advisory matters and at $395 per hour for any litigation that may be needed. Our
rate structure in general and the rates of particular lawyers may be increased from time
to time, and are usually adjusted as of the beginning of each calendar year. However, we
will not lift the hourly caps noted here without first consulting with you about our need
to do so.
It may be necessary to bill you for items such as, but not limited to, authorized
travel, long distance telephone calls, filing fees, photocopying, computerized legal
research outside the scope of our Westlaw contract and the like. These items are
separately itemized on our statement as "disbursements." These amounts will be billed
in addition to our fees.
We will send you monthly statements, and expect payment within 15 days of the
billing date. If payment is not received within 30 days of the billing date, we reserve the
right to charge interest on the unpaid balance at the rate of 1 % per month and to terminate
our representation.
We rarely have disputes with clients over our fees. Nevertheless, you should be
aware that you are entitled to require that any fee dispute be resolved by binding
arbitration pursuant to the arbitration rules for legal fee disputes of the County Bar
Association in any county in which we maintain an office. We agree that all disputes
between us regarding the services rendered or fees charged not resolved via County Bar
fee arbitration will be submitted to binding arbitration in Claremont to be conducted by
ADR Services, Inc. in accordance with its commercial arbitration rules. YOU SHOULD
REVIEW THIS PARAGRAPH CAREFULLY AND, IF YOU WISH, SEEK
INDEPENDENT LEGAL COUNSEL REGARDING IT, AS YOU AND WE ARE
AGREEING TO FOREGO SIGNIFICANT RIGHTS IN THE EVENT OF A
DISPUTE BETWEEN US, INCLUDING THE RIGHT TO A JURY TRIAL.
You have the right to terminate our representation at any time. We have the same
right, subject to 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. Notwithstanding the termination of our representation, you will
remain obligated to pay to us all fees and costs incurred previously.
298168.v1
Yvette M. Abich Garcia, City Attorney
City of Redlands
January 9, 2023
Page 5
On behalf of the City of Redlands, I agree to retain Colantuono, Highsmith & Whatley,
PC to vrovisWe2al services as set forth above.
Dater , 2023
By: Eddie Tejeda
Title: Mayor
Attest:
e Donaldson., City Clerk
298168.0