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CITY OF SAN BER.... \RDINO - REQUEST !""flR COUNCIL ACTION
From:
JAMES F. PENMAN
Subject:
Resolution . . . Authorizing
Execution of an Agreement for
Legal Services with Fullerton,
Lemann, Schaefer & Dominick
Dept:
CITY ATTORNEY
D~e: June 30, 1994
Synopsis of Previous Council action:
Discussed in closed session.
Recommended motion:
Adopt resolution.
~,~
(: Signature
Contact person:
Richard J. Morillo
Phone: 5055
Supporting data attached:
Ward:
FUNDING REOUIREMENTS:
/
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No .#5-.1
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1 RESOLUTION NO.
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
SECTION 2.
The authorization to execute the. above-
fail to execute
resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR LEGAL
2 SERVICES BETWEEN THE CITY.OF SAN BERNARDINO AND THE LAW FIRM OF
FULLERTON, LEMANN, SCHAEFER & DOMINICK.
3
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19 of
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the Mayor and Common Council of the City of
San Bernardino at a
meeting thereof, held on the
day of
1994, by the following vote, to-wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
City Clerk
The foregoing Resolution is hereby approved this
day
, 1994.
Tom Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAtlES F. PENMAN,
City Attorney
BY:~~~(Al.M-QL)
2
ji,'::\j
LAW OFfI'lCE:S
FUllERTON, LEMANN, SCHAEFER & DOMINICK
WII.....RIO C I..E....ANN
....,C....AEI.. R, SC....AI!:...I!:R
T....OMAS W, OOMINICK
PI!:TI!:R Y C....ANG
LUIS E. I..OPEZ
NANCY REIN....AROT
215 NORTH 0 STREET, I"IRST I"LOOR
TEI..EPHONE 1909) aag.3eliU
0... COUNSI!:L
ROBERT v. "'UI..I..ERTON.
MICMA!:1.. e::. MARKLI!:Y
SAN BERNARDINO, CALJIII"ORNIA 82401-1701
TELECOPtER (909) eee-SIIQ
-.. "''''O,.r.SSIO''''''L CO"''''O''''''TIO'''
June 29, 1994
Mr. Richard J. Morillo
Senior Assistant City Attorney
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Re: Retainer Aqreement
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 in most 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
te~~phone 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. Our current billing rates may
change from time to time without notice to you. In the
event that rates change, you will be billed at the new
rate. A copy of our present billing'rates are attached.
E X H I BIT "A"
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. BiUina:
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
nofbinding 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.
Mr. Morillo
Re: Retainer Aareement
June 29, 1994
Page 3
5. No Guaranty of Result:
We undertake to handle your matter according to the
highest professional standards, but no guarantees are
giyen regarding its outcome. Our expressions about
possible or probable outcome of your matter are only
opinions based on the best information available our
. ,
exper~ence 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. Attorney'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
Y04Vfail to cooperate or if anything else occurs which in
our reasonable discretion impairs our attorney-slient
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 returqed to you.
Mr. Morillo
Re: Retainer Aareement
June 29, 1994
Page 4
10. Errors and Omissions Coveraae:
Our firm maintains at least the minimum 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
/4H.4J/
MICHAEL R. SCHAEFER
TWD:mjs
THE FOREGOING TERMS ARB APPROVED AND ACCEPTED:
Dated:
, 1994
CITY OF SAN BERNARDINO
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By:
FIN:
Mr. Morillo
Re: Retainer Aareement
June 29, 1994
Page 5
CURRENT BILLING RATES OP PULLERTON. LEMANN. SCHAEPER , 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.
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