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CA Legal Services Appeal Cases A156171 & A1562614.20 Sierra College Drive, Suite 140 Grass Valley, CA 9.59,15-5091 Voice (530),1,32-7357 Fax (.530) 432-7356 VIA FLFCTRONIC MAIL COLANTUONO HIGHSMITH WHATLEY,PC May 20, 2019 Lisa Goldfien, Assistant City Attorney City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Michael G. Colal]LLOOO (530) 432-7359 ivlColantuouoC�cl�wlaw.us Re: Representation of City of San Rafael in Valley Baptist Church v. City of San Rafael, First District Court of Appeal Case No. A156171, David Brown v. City of San Rafael, First District Court of Appeal Case No. A156261 and Other Matters Dear Lisa: As you asked, I write to propose the terms under which we agree to represent City of San Rafael ("City" or "you") regarding these two appeals and other matters in which you may request our support in your representation of the City. Colantiono, Highsmith & Whatley, PC and all of its professionals are very pleased to have the opportunity to represent you in this matter. 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: City of San Rafael Adverse Parties: 205994.2 q-3-sqq Valley Baptist Church David Brown San Rafael Police Mid -Management Association Lisa Goldfien, Esq. City of San Rafael May 20, 2019 Page 2 Western Council of Engineers Marin County Employees' Retirement Association San Rafael Firefighters' Association Local 1 SEIU Local 1021. Please let me know if any of these names are incorrect or if there are other parties with an interest in this matter that we should list such as, for example, other churches which have indicated intent to challenge the application of the City's paramedic services parcel tax or other unions with members affected by the Brozvn case. Unless we hear from you to the contrary, we will assume that the above listing is accurate and complete. We have reviewed our files and our conflicts index and have no other client relationships which would interfere with our ability to represent you in these matters. As you know, we assisted your defense of this case in the trial court and have advised the City in other matters. As we have discussed, the nature of the matter makes it impossible for us to precisely estimate the fees you may incur. You will receive monthly statements informing you of the fees and costs incurred during the prior month. We will, of course, do our best to represent you efficiently and without undue expense. Please make payments payable to Colantuono, Highsmith & Whatley, PC directly to our Grass Valley office at: Colantuono, Highsmith & Whatley, PC 420 Sierra College Drive, Suite 140 Grass Valley, CA 95945-5091 Our federal employer identification number is 75-3031545. Jon di Cristina and I will have primary responsibility for your representation, and the firm will use other attorneys and legal assistants in the best exercise of our professional judgment. If you have questions, concerns or criticisms at any time, please contact me at once. Naturally, we expect you to keep us reasonably informed of all significant developments regarding this representation. 205994.2 Lisa Goldfien, Esq. City of San Rafael May 20, 2019 Page 3 We review all statements before they are issued to ensure the amount charged is appropriate. The statement for fees is simply the product of the hours worked multiplied by the hourly rates for the attorneys and legal assistants who did the work. Our hourly rates are based upon the experience, reputation and ability of the lawyer or legal assistant performing the services, and for 2019 range between $210 and $495 per hour for attorneys' time, and between $135 and $170 for the time of paralegals and legal assistants. As a courtesy to you, however, we agree to cap these rates at $375 per hour for this appeal. 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. 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 in Los Angeles or Nevada Counties pursuant to the arbitration rules for legal fee disputes of the respective County Bar Association. 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 Sacramento 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. 205994.2 Lisa Goldfien, Esq. City of San Rafael May 20, 2019 Page 4 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. You agree that we may, in our discretion, maintain all or part of your client file in electronic format. The firm may store part or all of your documents using secure cloud storage services. If so, the firm will apply all reasonable methods to maintain the confidentiality of your files, just as it does for your non -digital information. Your data will be password protected and encrypted using currently available technology. Clients requiring information from their files may obtain that information only by written request to us. You also agree that following termination of our attorney-client relationship, we will not be required to maintain your client file for more than two years. If you ask us to deliver your file to you, you agree that delivery of an electronic version, together with any materials that cannot be saved electronically, satisfies our obligation to release all your client papers and property to you. Two years after termination of our relationship, and after reasonable notice, you agree that we will be free to destroy your client file, including all electronic records. We may also discharge our obligation to maintain your file before two years expire by mailing a copy to you at your address last known to us. You agree that "reasonable notice" means our mailing a notice of our intent to destroy your client file to you at that address. I apologize for the formality of this letter, but we are required by California law to provide this information to you in writing. We are also required to inform you that we currently maintain professional liability insurance coverage. Please review the foregoing and, if it meets with your approval, execute it and return it to me. If you have any questions, please feel free to call me at the direct -dial number above. 205994.2 Lisa Goldfien, Esq. City of San Rafael May 20, 2019 Page 5 Thank you for the opportunity to represent you! Very truly yours, Michael G. Colantuono MGC:mgc On behalf of City of San Rafael, I agree to retain Colantuono, Highsmith & Whatley, PC to provide legal services as set forth above. Date:__ Z 2019 Signa r [3y: -slim _Schutz -- Title:City Manager 205994.2 RAFq�` W—r; yo WITH P% -k5 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: City Attorney Project Manager: Lisa A. Goldfien Contractor Name: Colantuono Highsmith & Whatley, PC Contractor's Contact: Michael G. Colantuono, Esq. ❑ FPPC: Check if Contractor/Consultant must file Form 700 Extension: 3080 Contact's Email: mcolantuono@chwlaw.us Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor N/A 5/17/2019 b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement 5/20/2019 and return to Project Manager Click here to b. Confirm insurance requirements, create Job on enter a trite. Department Director PINS, send PINS insurance notice to contractor 3 Approval of final agreement form to send to 5/30/2019 Project Manager contractor Forward three (3) originals of final agreement to 4 5/30/2019 contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ® N/A agendized for City Council approval *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 6/4/19 Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed agreement Review and approve insurance iriPls, nd bonds f 8 City Attorney (for Public Works Contracts) / 9 City Manager/ Mayor City Clerk Agreement executed_by City Council authorized official Attest signatures, retains origi al agreement and 10 ►J.A U forwards copies to Project Manager