(5n) 02-3011 IBBK 1951, So HiS
ndian Well BEST BEST & KRIEGER:
760) 568-2611 118) 32500
ATTORNEYS AT LAW
Irvine
(949) 263-2600 1818) 89-0080
Los Angeles 390 University Avenue, 5th Floor, P.O. Box 102B, Riverside, CA 9250. 12132617-8100, hone: (951) 686-1450 | Fax: (951) 686-3083 | www.bbklaw.con Conbaoi-e58 rashington, D
202) 765.060
Thomas M. O'Connell
(951) 826-8337
[email protected]
File No. tba.
May 3, 2022
VIA E-MAIL [email protected]
Kimberly G. Flores
Interim City Attomey
City of Merced
678 West 18th Street
Merced, CA 95340
Re: Legal Representation of the City of Merced
Dear Ms. Flores:
ABOUT OUR REPRESENTATION
Best Best & Krieger LLP is pleased to represent the City of Merced. Specifically, we will 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 retum 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 you. Similarly, the City of Merced will be included in our list of clients to ensure we comply with the Rules of Professional Conduct with respect to the City of Merced.
We have checked the following names against our client index: City of Merced and . Based on that check, we can represent the City of Merced. Please review the list to see if 09951.00000:40022689.1
:
: IBBK
BEST BEST & KRIEGER:
ATTORNEYS AT LAW
VIA E-MAIL [email protected]
Kimberly G. Flores
May 3, 2022
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
YOUR OBLIGATIONS ABOUT FEES AND BILLINGS
We have already discussed with you the fee arrangement and have agreed that the initial assigned matter is not to exceed $25,000. The following hourly rates will apply to that matter and all future matters:
ERMA Matters
Thomas O'Connell (ERMA Panel Counsel) $310.00
Jennifer Mistich $295.00
Allison Borkenheim $295.00
Victoria Danna $295.00
Associates $250.00
Paralegals and Clerks $195.00
Non-ERMA Matters
Subject Matter Specialists/Partners $435.00
Partners $400.00
Of Counsel $350.00
Senior Associates $275.00
Associates $255.00
Paralegals and Clerks $200.00
Litigation Analysts $200.00
Any changes to this list of attorneys who are active in the ERMA matters will be submitted for approval to the City of Merced in writing with advanced notice.
Our rates are reviewed periodically 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. 09951.00000140022689.1
: IBBK
: BEST BEST & KRIEGER:
ATTORNEYS AT LAW
VIA E-MAIL [email protected]
Kimberly G. Flores
May 3, 2022
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.
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 may 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 retum 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 vears or returned, you must make separate arrangements with us. 09951.0000040022689.1
IBBK
BEST BEST & KRIEGER *
ATTORNETS AT LAW
VIA E-MAIL. [email protected]
Kimberly G. Flores
: May 3, 2022
•.. Page 4
THANK YOU
: On a personal note, we are pleased that you have selected Best Best & Krieger LLP to represent you. We look forward to a long and valued relationship with you and appreciate your confidence in selecting us to represent you in this case. If you have any questions at any time about our services or billings, please do not hesitate to call me.
If this letter meets with your approval, please sign and date it, and return the original to us.
Unless you sign, date and return the original by May 9, 2022, we will not represent you in any capacity, and sir ei lop on this tier he your reco rther arangements for legal representation Sincerely,
Thomas M. O'Connell
of BEST BEST & KRIEGER LLP
TMO:ah
AGREED ANDACCEPTED:
APPROVED AS TO FORM:
By: _ suphane flitz
Dated: 5/6/2222 5/3/22
intereim Date
City Attorney
3019560 PO# 145019
"WE KEAED
Voss 5/4/22
DATE V - 12840
Funds availabre. My 514122
001-301-51217-07
Not to Exceed #25,000.00
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BEST BEST & KRIEGER LLP'S BILLING POLICIES
Our century of experience has shown that the a BBK attorney in order to perform services called for in the attorney-client relationship works best when there is mutual legal services agreement. The most common non-attorney understanding about fees, expenses, billing and payment personnel utilized are paralegals. Other types of non- terms. Therefore, this statement is intended to explain our attorney personnel include, but are not limited to, case billing policies and procedures. Clients are encouraged to clerks, litigation analysts, and specialty consultants. The discuss with us any questions they have about these policies client agrees that BBK may use such non-attorney personnel and procedures. Clients may direct specific questions about to perform its services when it is reasonably necessary in the a bill to the attorney with whom the client works or to our judgment of the responsible BBK attorney. Hourly fees for Receivable Department non-attorney personnel will be charged at the rate then in (accounts.receivable@)bbkiaw.com): Any specific billing effect for such personnel. A copy of BBK's current rates arrangements different from those set forth below will be and titles for non-attorney personnel will be provided upon confirmed in a separate written agreement between the client request. and the firm.
EES FOR ELECTRONICALLY STORE
INVOICE AND PAYMENT OPTIONS NFORMATION ('ESI SUPPORT AND STORAG Best Best & Krieger strives to meet our clients' BBK provides Electronically Stored Information needs in terms of providing a wide variety of invoice types, ("EST) services for matters requiring EST support - delivery and payment options. Please indicate those needs typically litigation or threatened litigation matters. including the preferred method of invoice delivery (Invoice provides services for basic ESI processing and storage at the addition, following rates per month based on the number of gigabytes [email protected] can provide a W-9 upon of data ("GB) processed and stored:
request and discuss various accepted payment methods.
IGB -250GB: $10 per GB
FEES FOR PROFESSIONAL SERVICES 251GB - 550GB: S8 per GB 551GB - 750GB: S6 per GB
Unless a flat fee is set forth in our engagement letter 751GB - 1TB: $4 per GB with a client, our fees for the legal work we will undertake will be based in substantial part on time spent by personnel The amount BBK charges for basic processing and in our office on that client's behalf. In special circumstances storage of ESI allows BBK to recover the costs of providing which will be discussed with the client and agreed upon in such services, plus a net profit for BBK. BBK believes that writing, fees will be based upon the novelty or difficulty of the rates it charges for processing and storage are lower than the matter, or the time or other special limitations imposed comparable services available from third party vendors in by the client. the market. If you wish to contract separately with a third party vendor for processing and storage costs, please notify Hourly rates are set to reflect the skill and BBK in writing. BBK also provides advanced ESI experience of the attorney or other legal personnel rendering processing services at hourly rates for personnel in its services on the client's behalf. All legal services are billed Litigation Support Group. A copy of BBK's current rates in one-tenth of an hour (0.10/hour) or six-minute for such services will be provided upon request. BBK shall increments. Our attorneys are currently billed at rates from not incur costs for ESI support on a particular matter without $235 to. $850 per hour, and our administrative assistants, first confirming by email or written correspondence with the research assistants, municipal analysts, litigation analysts, client that the client agrees such services are necessary for paralegals, paraprofessionals and law clerks are billed at the matter at hand. rates from $175 to $295 per hour for new work. These rates reflect the ranges in both our public and our private rates. FEES FOR OTHER SERVICES, COSTS AND These hourly rates are reviewed annually to accommodate EXPENSES rising firm costs and to reflect changes in attorney status as lawyers attain new levels of legal experience. Any increases •We attempt to serve all our clients with the most resulting from such reviews will be instituted automatically effective support systems available. Therefore, in addition and will apply to each affected client, after advance notice. to fees for professional legal services, we also charge separately for some other services and expenses to the extent Non-Attorney Personnel: BBK may employ the of their use by individual clients. These charges include but services of non-attorney personnel under the supervision of are not limited to, mileage at the current IRS approved rate 09951.00000 40022689:1
per mile, extraordinary telephone and document delivery Our fees are not contingent upon any aspect of the charges, copying charges, computerized research, court matter and are due upon receipt. All billings are due and filing fees and other court-related expenditures including payable within ten days of presentation unless the full court reporter and transcription fees. No separate charge is amount is covered by the balance of an advance held in our made for secretarial or word processing services; those costs trust account. If a bill is not paid within 30 days, a late are included within the above hourly rates. charge of one percent per month on the unpaid invoice may be added to the balance owed, commencing with the next
We may need to advance costs and incur expenses statement and continuing until paid. on your behalf on an ongoing basis. These items are
separate and apart from attorneys' fees and, as they are out- It is our policy to treat every question about a bill of-pocket charges, we need to have sufficient funds on hand promptly and fairly. It is also our policy that if a client does from you to pay them when due. We will advise the client not pay an invoice within 60 days of mailing, we assume the from time to time when we expect items of significant cost client is, for whatever reason, refusing to pay. We reserve to be incurred, and it is required that the client send us the right to terminate our engagement and withdraw as advances to cover those costs before they are due. attorney of record whenever our invoices are not paid. If an invoice is 60 days late, however, we may advise the client ADVANCE DEPOSIT TOWARD FEES AND COSTS by letter that the client must pay the invoice within 14 days or the firm will take appropriate steps to withdraw as
Because new client matters involve both a attorney of record. If the delay is caused by a problem in the substantial undertaking by our firm and the establishment of invoice, we must rely upon the client to raise that with us client credit with our accounting office, we require an during the 14-day period. This same policy applies to fee advance payment from clients. The amount of this advance arrangements which require the client to replenish fee deposit is determined on a case-by-case basis discussed first deposits or make deposits for anticipated costs. with the client, and is specified in our engagement letter.
From time to time clients have questions about the
Upon receipt, the advance deposit will be deposited format of the bill or description of work performed. If into the firm's client trust account. Our monthly billings you have any such questions, please ask them when you will reflect such applications of the advance deposit to costs receive the bill so we may address them on a current and not to attorney's fees (unless otherwise noted in our basis. accompanying engagement letter). At the end of
engagement, we will apply any remaining balance first to CHANGES IN FEE ARRANGEMENTS AND BUDGETS costs and then to fees. We also reserve the right to require increases or renewals of these advanced deposits. It may be necessary under certain circumstances for a client to increase the size of required advances for fees By signing the initial engagement letter, each client after the commencement of our engagement and depending 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 will be discussed with the client and mutually agreed in writing.
MONTHLY INVOICES AND PAYMENT
Because of the uncertainties involved, any estimates
Best Best & Krieger LLP provides our clients with of anticipated fees that we provide at the request of a client monthly invoices for legal services performed and expenses for budgeting purposes, or otherwise, can only be an incurred. Invoices are due and payable upon receipt. approximation of potential fees.
Each monthly invoice reflects both professional and BEST BEST & KRIEGER LLP 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.
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