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HomeMy WebLinkAboutC-22620 ATKINSON, ANDELSON RIVERSIDE 3612 MISSION INN AVENUE, UPPER LEVEL RIVERSIDE, CALIFORNIA 92501 (951) 683 -1122 FAX(951)683 -1144 PLEASANTON 5776 STONERIDGE MALL ROAD, SUITE 200 PLEASANTON, CALIFORNIA 94588 (925) 227 -9200 FAX (925) 227 -9202 0 LOYA, RUUD & ROMO A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 17871 PARK PLAZA DRIVE, SUITE 200 CERRITOS, CALIFORNIA 90703 -8597 (562)653 -3200 - (714)826 -5480 FAX(562)653 -3333 W W W.AALRR.COM G NAZ:D6A \ \u -\t SACRAMENTO 2485 NATOMAS PARK DRIVE, SECOND FLOOR SACRAMENTO, CALIFORNIA 95833 (916) 923 -1200 FAX (916) 923 -1222 SAN DIEGO 11440 WEST BERNARDO COURT, SUITE 174 SAN DIEGO, CALIFORNIA 92127 (858) 485 -9526 FAX (858) 485 -9412 0"A0 rp 2N"'R: Mike A. Casalou Human Resources Administrator City of Arcadia 240 West Huntington Dr. Arcadia, CA 91007 January 10, 2007 VIA ELECTRONIC MAIL Re: Representation of City of Arcadia in Labor and Employment Matters Dear Mr. Casalou: The purpose of this letter is to confirm the terms and conditions of the representation of City of Arcadia (the "Client" or "you ") by Atkinson, Andelson, Loya, Ruud & Romo (the "Firm ", "we ", or "us "), to provide advice and counsel in connection with various labor and employment matters (the "Matters "). Assignment of Firm Personnel. I will be primarily responsible for the supervision of the Matters, but you are engaging the Firm, not me individually. As and when necessary, I will draw upon the talent and expertise of other partners and associates within the Firm and utilize paralegal staff to handle ministerial tasks. Communication by Firm. The Firm will keep you regularly and currently informed of the status of the Matters and will consult with you when appropriate. Copies of significant correspondence and documents will be sent to the person designated by you from time to time for that purpose. In the event that you need to reach the Firm and the person sought is unavailable, please leave a message for the person concerned disclosing the nature and urgency of the call. It is our policy that all calls will be returned promptly, and in any event no later than within one business day of receipt of the call; if you have not received a return call within that time, please call again. Client Cooperation. You understand and agree that, in order for us to represent you effectively, it is necessary for you to assist and cooperate with the Firm during this engagement. You agree to (1) make yourselves (including your employees if applicable) available to discuss issues as they arise in this matter; (2) attend and participate in meetings, preparation sessions, court 0 0 Atkinson, Andelson, Loya, Ruud & Romo Mike A. Casalou January 10, 2007 Page 2 proceedings and other activities in connection with the representation; and (3) provide complete and accurate information and documents to us on a timely basis. Your non - cooperation will be grounds for the Firm's withdrawal from representing you, and thus, it is essential that we maintain open communications. Fees and Expenses. The Firm's fees are based on the actual time spent on the Matters by the Firm's attorneys. Each attorney has an hourly rate at which his or her time is charged. That rate is set by the Firm, taking into consideration the individual's professional expertise and other relevant factors. These rates are revised from time to time. The current hourly rates for the attorneys at the Firm at present are: $175 to $450 per hour. The undersigned's billing rate is $275 per hour. (The foregoing information is provided to you on a confidential basis.) Rates for others (e.g., paralegals or clerks) who might also be called on would be reflected on the invoices issued to the Client. It is contemplated that the firm will, and the Firm reserves the right to, adjust its hourly rates upward in the future. Time charges are not absolutes to which we adhere without analysis of the time that has been spent. Each month, before bills are issued, a review is performed to assess the nature and quality of the services performed for the client, and in cases where there is a significant disparity between the value of the services rendered or results achieved and the time charged, the bills may be adjusted as appropriate under the circumstances to reflect that value. Certain ancillary services and other items, such as photocopying, long distance telephone calls, messenger services, computer database searches, word processing, secretarial and other support staff overtime, and other expenses incurred for the benefit of the client, are billed separately from time charges, based on actual use and at our cost. Our invoices may also include, at our cost, in payment of filing or other similar fees, court reporters, and amounts incurred on the client's behalf for travel expenses, including mileage and airfare, lodging, meal expenses, local travel and similar expenses. The Firm shall not be obligated to advance costs on behalf of Client; however, for the purposes of convenience and in order to expedite matters, the Firm reserves the right to advance costs on behalf of Client with Client's prior approval in the event a particular cost item exceeds $2,000.00 in amount, and without the prior approval of Client in the event a particular cost item totals $2,000.00 or less. A detailed description of the attorney work performed and the costs advanced by the Firm will be prepared on a monthly basis as of the last day of the month and will be mailed to Client on or about the 15`h of the following month. Payment of the full amount due, as reflected on the monthly statements, will be due to the Firm from Client within 30 days of Client's receipt of the billing statement, unless other arrangements are made. In the event there are retainer funds of Client in the Firm's Trust Account at the time a monthly billing statement is prepared, funds will be transferred from the Firm's Trust Account to the Firm's General Account to the extent of the Atkinson, Andelson, Loya, Ruud & Romo Mike A. Casalou January 10, 2007 Page 3 balance due on the monthly statement and a credit therefore will be reflected on the monthly statement. Termination of Representation. You may terminate this representation at any time, subject to the payment of any final billings. We may withdraw from this representation for good cause, on reasonable notice, without your consent. Good cause includes but is not limited to: (1) your failure to cooperate with us as provided above; (2) your failure to pay any bill when due or to replenish the retainer as provided above; and (3) any fact or circumstance that would render our continuing representation unlawful or unethical. Any termination of our representation of you would be subject to such approval as may be required from any court(s) in which we are appearing on your behalf. Entire Agreement. This letter represents the entire agreement between you and the Firm with respect to the Matters. By signing below, you acknowledge that this letter has been carefully reviewed and its content understood and that you agree to be bound by all of its terms and conditions. Furthermore, you acknowledge that the Firm has made no representations or guarantees to you regarding the outcome of the Matters or the time necessary to resolve the Matters. No change or waiver of any of the provisions of this letter shall be binding on either you or on the Firm unless the change is in writing and signed by both you and the Firm. Termination of Attorney- Client Relationship. If the Firm is not asked by the Client to provide advice for a period of one (1) year from the last date the Firm provided such advice, both the Client and the Firm agree, that the attomey- client relationship is terminated on the last date the Firm provided advice without further action or notice by either party. If the Client requires additional advice after such termination, a new Retainer Agreement will be required. Binding Arbitration. If any dispute arises out of, or related to, a claimed breach of this agreement, the professional services rendered by Attorneys, or any other disagreement of any nature, type or description regardless of the facts or the legal theories which may be involved, including attorney malpractice, such dispute shall be resolved by binding arbitration by a single arbitrator. Each side shall bear his /their own costs and attorney fees. The parties agree to waive their right to a jury and to an appeal. If the foregoing accurately reflects our agreement, please confirm that by signing and returning a copy of this letter to me. Please do not hesitate to call me to discuss any questions you may have regarding this agreement. In addition, you have the right to consult other counsel to resolve your concerns. - i • Atkinson, Andelson, Loya, Ruud & Romo Mike A. Casalou January 10, 2007 Page 4 Very truly yours, ATKINSON, ANDELSON, LOYA, RUUD & ROMO Nate J. Kowalski NJK/njk The City of Arcadia has reviewed and agreed to the above terms of engagement of the Firm. Client desires and consents to the engagement of the Firm as attorneys for the purposes and to the extent described in this letter. The City of Arcadia By: Name: William R. Kelly Title: City Manager Date: January 10, 2007