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HomeMy WebLinkAbout1994-189 ~ 1 RESOLUTION NO. g4- 1 Rg 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR LEGAL 3 SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND THE LAW FIRM OF FULLERTON, LEMANN, SCHAEFER & DOMINICK. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereby 7 authorized and directed to execute on behalf of said City an 8 Agreement for Legal Services between the CITY OF SAN BERNARDINO 9 and the law firm of FULLERTON, LEMANN, SCHAEFER & DOMINICK, a copy 10 of which is attached hereto marked Exhibit "A" and incorporated 11 herein by reference as fully as though set forth at length. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 2. The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 94-189 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND THE LAW FIRM OF FULLERTON, LEMANN, SCHAEFER & DOMINICK. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a on day of ,July Council Members: NEGRETE CURLIN HERNANDEZ OBERHELMAN DEVLIN POPE-LUDLAM MILLER regular meeting thereof, held on the , 1994, by the following vote, to-wit: AYES NAYS ABSTAIN ABSENT x x x y y y y C~~ of The foregoing Resolution is hereby approved this 7~-h day July Approved as to form and legal content: JAMES F. PENMAN, City Attorney , 1994. ~~,,~~ T m Minor, Mayor City of San Bernardino By:J?~7y:t~ -~) 2 n-<:.^.' 94-189 original " , . LAW OFFICES FULLERTON, LEMANN, SCHAEFER & DOMINICK WILFRID C. LEMANN MICHAEL R. SCHAEFER THOMAS W. DOMINICK PETER y, CHANG LUIS E. LOPEZ NANCY REINHARDT 215 NORTH D STREET. FIRST FLOOR OF COUNSEL ROBERT V. FULLERTON" MICHAEL E. MARKLEY SAN BERNARDINO, CALIFORNIA 92401-1701 TELEPHONE (909) 889-3691 .A PROFESSIONAL CORPORATION TELECOPIER (909) 888-5119 June 29, 1994 Mr. Richard J. Morillo senior Assistant city Attorney City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Re: Retainer Aareement Dear Mr. Morillo: Thank you for asking us to represent the City of San Bernardino in connection with the award of a contract to Matich Corporation for the improvement of Tippecanoe Avenue, "c" Street and Del Rosa Drive, within Norton Air Force Base. Our services will consist of advising you, as required, with respect to the various legal issues involved with this matter and may include telephone conferences, office conferences, legal research, preparation of any correspondence, legal documents and other items as required. The purpose of this letter is to clarify the terms of our representation and to establish a written fee agreement as required by California law inmost cases where the total legal expenses to the client are expected to exceed $1,000.00. 1. Basis of Fees: You will be billed on a "reasonable fee" basis in which the fee is determined by reviewing the time expended, the results achieved, the novelty and difficulty of the legal issues involved, the time limitations imposed on the performance of our services and other factors permitted to be considered by the applicable rules of professional conduct. Our fees will be principally calculated on the basis of the time expended on your matter including time spent on activities such as interoffice conferences, travel away from our office, waiting time in court and telephone calls. Our current hourly rates for lawyers range from $110.00 per hour to $175.00 per hour and for paralegals and legal assistants from $35.00 per hour to $65.00 per hour. We will endeavor to use professionals with the lowest hourly rates consistent with the complexity of each task and our ability to handle your litigation competently. O~r OUrrQRt gilliRg rates may chaRgQ from time to timQ ~'ithout noti"'", to YO'} In tl:>~. /,~. ltt-tf'- eVQat that rates ChsRgG, you ~dll be ,billed at. th~h,ne~ " rate A copy of our present billing rates are attached. ~ 94-189 Mr. Morillo Re: Retainer Aareement June 29, 1994 Page 2 2. Costs: By engaging this firm, you authorize us to incur such costs as we deem necessary for the proper handling of your matter. At our discretion, we will either advance such costs on your behalf or call upon you to pay some or all of them directly or in advance. Costs charged will include specific office costs which are directly incurred on your matter and include copying, long distance telephone charges, postage, secretarial overtime expense, messenger service, computer legal research, filing fees, recording fees, fees for certified copies of documents, deposition and transcription costs, investigative costs and other expenses which are incurred on your behalf. Copies are charged at twenty (20) cents per page. The other items, with the exception of computer legal research, are charged based on their costs to the firm. 3. Billina: statements for our services rendered and costs incurred will be submitted to you monthly unless other arrangements are made. We attempt to have our bills issued by the 15th of the following month. Please contact us promptly if you have any questions about the services rendered or the costs incurred as reflected in a statement submitted to you. Our statements are payable in full upon receipt. If we do not receive payment within 30 days after the date of each statement, we will impose a late charge equal to 1.5% per month computed from the date of the monthly statement. Imposition of the late charge does not imply or constitute an agreement to delay collection of a delinquent account. If your account remains delinquent and collection action becomes necessary, you agree to pay reasonable attorneys' fees and costs of collection whether or not suit is filed. 4. Fee Estimates: Any estimates of fees or costs which have been given are not binding upon us. It is not possible at the start of a matter to predict the course it will ultimately take and, therefore, accurate estimates of the costs are not possible. You are not engaging us on a flat fee basis and therefore, may benefit if the matter can be resolved short of the estimate and may pay more if the matter is more protracted than expected. 94-189 Mr. Morillo Re: Retainer Aareement June 29, 1994 Page 3 5. No Guarantv of Result: We undertake to handle your matter according to the highest professional standards, but no guarantees are given regarding its outcome. Our expressions about possible or probable outcome of your matter are only opinions based on the best information available, our experience and our educated judgment. 6. Retainer: We ask that you deposit with us a retainer in the amount of $-0- before we begin work on your case. This retainer will be placed in our trust account and will be drawn upon to pay billings as they become due. Any retainer not used for billings will be returned to you. We shall have the right to ask that additional funds be deposited into the retainer should the initial retainer become exhausted. 7 . Experts: Should it become necessary to engage an expert in your case, you will be directly responsible for the hiring and payment of all fees for such expert services. No expert will be hired without your prior approval. 8. Attornev's Lien: You authorize us to deduct all unpaid fees and costs from any proceeds which come into our possession by way of settlement, judgment or execution. 9. Termination: You will have the right to terminate our services at any time. We will have the right to terminate our representation and cease performance of further services if you fail to pay our statements promptly, if you misrepresent or. fail to disclose material facts to us, if you fail to cooperate or if anything else occurs which in our reasonable discretion impairs our attorney-client relationship. If our withdrawal from your case requires court approval, you agree to sign a stipulation permitting us to withdraw as counsel of record in your case. Upon any termination, all sums due us for fees and costs previously earned or incurred will become immediately due and payable and any unused portion of your advance retainers will be returned to you. 94-189 Mr. Morillo Re: Retainer Aareement June 29, 1994 Page 4 10. Errors and Omissions Coveraae: Our firm maintains at least the m~n~mum errors and omissions insurance coverage applicable to the services to be rendered to you in this matter. If the foregoing terms are acceptable to you, please sign and date the enclosed original of this letter and return it to us. Please retain a copy of this letter for reference. We have found that the best attorney-client relationship exists when there is full and free communication between the parties. Our goal in representing you is to provide you with competent legal counsel and to work for you as quickly as can reasonably be done. We appreciate your business and look forward to working with you. Very truly yours, FULLERTON, SCHAEFER & DOMINI 11#~~/ MICHAEL R. SCHAEFER TWD:mjs THB FOREGOING TBRMS ARE APPROVED AND ACCBPTBD: Dated: JUt. 7 1994 , 1994 CITY OF SAN BERNARDINO Attest: BY:~~; ~- ~/ .~( By: /~1. I~ / FIN: 94-189 Mr. Morillo Re: Retainer Aareement June 29, 1994 Page 5 CURRENT BILLING RATES OF FULLERTON. LEMAHN. SCHAEFER' DOMINICK June 29, 1994 Partners Wilfrid C. Lemann (WCL) $120.00 per hr. Michael R. Schaefer (MRS) $120.00 per hr. Thomas W. Dominick (TWO) $120.00 per hr. Associate Attornevs Peter Y. Chang (PYC) $ 85.00 per hr. Luis E. Lopez (LEL) $ 85.00 per hr. Nancy A. Reinhardt (NAR) $ 85.00 per hr. paraleaal Bette Stracke (BS) $ 40.00 per hr. Leaal Assistants Teresa C. Zendejas (TCZ) $ 40.00 per hr. Kerri L. Buckley (KLB) $ 35.00 per hr. Terri L. Nelson (TLN) $ 35.00 per hr. Mirna J. Sayegh (MJS) $ 35.00 per hr. These rates are subject to change.