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HomeMy WebLinkAboutCA Attorney-Client Fee Agreement November 2021mm = Wagstaffe, von Loewenfeldt. Busch & Rads,+nck LLP 100 Pine Street, Suite 2250, San Francisco CA 9=111 415-357-8900 Alam 415-35'-8910 F"a, vtivbr!awcom VIA E-MAIL. Rob.Epstein@cityofsanrafael.org Laraine.Gittens@cityofsanrafael.org Mr. Rob Epstein City of San Rafael Office of the City Attorney 14005 1h Avenue San Rafael, CA 94901 Re: ATTORNEY-CLIENT FEE AGREEMENT Dear Mr. Epstein, This letter confirms that City of San Rafael ("Client") has engaged the law firm of Wagstaffe, von Loewenfeldt, Busch & Radwick LLP ("Attorney") to perform the legal services described on the terms set forth below. This Agreement will not take effect, and Attorney will have no obligation to provide legal services, until: (a) Client returns a signed copy of this Agreement and (b) Attorney acknowledges acceptance of representation by counter -signing this Agreement and returning a fully executed copy to Client. However, this agreement will apply to any services Attorney may provide in connection with the engagement before the conditions described above are met. 1. Scope of Services and Attorneys' Duties. Client hires Attorney to provide legal services in the following matter: representation of Client in anticipated litigation between Client and RV Park of San Rafael concerning the application of San Rafael's mobilehome rent stabilization ordinance. Attorney will provide those legal services reasonably required to represent Client. Attorney will take reasonable steps to keep Client informed of progress and to respond to Client's inquiries. This Agreement does not cover collection proceedings after judgment or proceedings regarding renewal of a judgment. A separate written agreement for these services or services in any other matter not described above will be required. Attorney is representing Client only in the matter described above. Mr. Rob Epstein November 8, 2021 Page 2 2. Excluded Services. Attorney has not been retained to provide Client with any tax advice concerning any of the services described in paragraph 1 and has no duty to do so. Any documents prepared by Attorney or results reached in litigation may have specific tax ramifications. To be sure Client understands and is certain of all the potential tax consequences, Client should consult with independent tax advisors regarding these matters. 3. Legal Fees. Client agrees to pay by the hour at Attorney's rates as set forth below for all time spent on Client's matter by Attorney and Attorney's legal personnel. It is understood that no specific fee is set by law, and that this fee has been specifically agreed to between the parties. Current hourly rates for legal personnel are as follows: James Wagstaffe 650 /hour Michael von Loewenfeldt 650 /hour Frank Busch 500 /hour Maria Radwick 500 /hour Associates 350 /hour Paralegals 200 /hour The rates on this schedule are subject to change on 90 days written notice to Client. If Client declines to pay increased rates, Attorney will have the right to withdraw as attorney for Client if permitted under the Rules of Professional Conduct of the State Bar of California and/or applicable law. Attorneys may employ, subcontract, or associate with additional lawyers or paralegals to work on Client's matter at rates equal to or less than the above. Client will have the right to consent to the association of any lawyer or paralegal not directly employed by Attorneys. 4. Costs and Other Charges. (a) Attorney may incur and advance, in its discretion, various costs and expenses in performing legal services under this Agreement. Client agrees to pay for all costs, disbursements and expenses in addition to the hourly fees. The costs and expenses commonly include, service of process charges, filing fees, court and deposition reporters' fees, translator/interpreter fees, jury fees, notary fees, deposition costs, long distance telephone charges, messenger and other delivery fees, postage, outside photocopying and other reproduction costs, travel costs including parking, mileage, transportation, meals and hotel costs, investigation expenses, consultants' fees, expert witness, professional, mediator, arbitrator and/or special master fees and other similar items. (b) Experts, Consultants and Investigators. To aid in the preparation or presentation of Client's case, it may become necessary to hire expert witnesses, consultants or investigators. Client agrees to pay such fees and charges. Attorney will Mr. Rob Epstein November 8, 2021 Page 3 select any expert witnesses, consultants or investigators to be hired, and Client will be informed of persons chosen and their charges. (c) Attorney will obtain Client's consent before incurring any individual costs in excess of S 1,000. (d) Costs awarded in litigation. Client understands that if Client's case proceeds to court action or arbitration, the court may award attorney fees as well as some or all of the type of costs enumerated above to the other party or parties. Payment of such attorney fees and costs shall be the sole responsibility of Client. Similarly, other parties may be required to pay some or all of the fees and costs incurred by the Client. Client acknowledges that any such determination does not in and of itself affect the amount of the fees and costs to be paid by Client to Attorney pursuant to this agreement. 5. Billinp, Attorney will send Client periodic bills for fees and costs incurred or advanced. Each bill will be payable within 30 days of its mailing date. Client may request a bill at intervals of no less than 30 days. Client agrees to promptly review all bills rendered by Attorney and to promptly communicate any objections, questions, or concerns about their contents. You and we further agree that the fees (but not costs) reflected in our periodic statements are subject to a five percent (5%) discount when timely paid. If payment is not received within thirty days of the date on the bill, the discount will be rescinded. No discount for timely payment will be available so long as your account includes fees or costs outstanding for more than 30 days. 6. Client Duties and Cooperation. Client agrees to be truthful with Attorney and not withhold information. Further Client agrees to cooperate, to keep Attorney informed of any information or developments which may come to Client's attention, to abide by this Agreement, to pay Attorney's bills on time, and to keep Attorney advised of Client's address, telephone number and whereabouts. Client will assist Attorney by timely providing necessary information and documents. Client agrees to appear at all legal proceedings when Attorney deems it necessary, and generally to cooperate fully with Attorney in all matters related to the preparation and presentation of Client's claims. 7. Dischart,:e and Withdrawal. Client may discharge Attorney at any time. Attorney may withdraw with Client's consent or for good cause or if permitted under the Rules of Professional Conduct of the State Bar of California and/or applicable law. Among the circumstances under which Attorney may withdraw are: (a) with the consent of Client; (b) Client's conduct renders it unreasonably difficult for the Attorney to carry out the employment effectively; and/or (c) Client fails to pay Attorney's fees or costs as required by this Agreement. Notwithstanding the discharge, Client will remain obligated to pay Attorney at the agreed rates for all services provided and to reimburse Attorney for all costs advanced. Mr. Rob Epstein November 8, 2021 Page 4 8. Conclusion of Services. When Attorney's services conclude, whether by completing the services covered by this Agreement, or by discharge or withdrawal, all unpaid charges for fees or costs will be due and payable immediately. 9. Disclaimer of Guarantee and Estimates. Nothing in this Agreement and nothing in Attorney's statements to Client will be construed as a promise or guarantee about the outcome of the matter. Attorney makes no such promises or guarantees. Attorney's comments about the outcome of the matter are expressions of opinion only, are neither promises nor guarantees, and will not be construed as promises or guarantees. Any deposits made by Client, or estimate of fees given by Attorney, are not a representation of a flat fee and will not be a limitation on fees or a guarantee that fees and costs will not exceed the amount of the deposit or estimate. Actual fees may vary significantly from estimates given. 10. Professional Liability Insurance. Attorneys have professional liability insurance applicable to the legal services to be provided to you. 11, _Entre Agreement, Severability, and Modification. This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect. This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them. THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM AS OF THE DATE ATTORNEY FIRST PROVIDED SERVICES. CLIENT WILL RECEIVE A FULLY EXECUTED COPY OF THIS AGREEMENT. DATED: I (-ti - U CI Y0 SAN R FA L By: Schutz Its: City Manager DATED: 12/1/2021 Wagstaffe, von Loewenfeldt, Busch & Radwick LLP By: '4�e ichaeI von L ewenfeldt P� RA fq ! z en . �° Tr WITH P� 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 Goldfien Extension: 3081 Contractor Name: Wagstaffe, von Loewenfeldt, Busch & Radwick, LLP Contractor's Contact: Michael von Loewenfeldt Contact's Email: mvl@ wvbrlaw.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor ❑ b. Email contract (in Word) and attachments to City Click here to Attorney c/o Laraine.Gittens@cityofsanrafael.ore enter a date. ❑ c. Check with City Attorney re Insurance Requirements for extra small or large projects 2 City Attorney a. Review, revise, and comment on draft agreement 11/16/2021 ❑x LG and return to Project Manager 11/16/2021 ❑x LG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Department Director Approval of final agreement form to send to Click or tap ❑ contractor to enter a date. ❑ 4 _ Project Manager Forward three (3) originals of final agreement to Project Manager contractor for their signature 5 When necessary, contractor signed agreement ❑X N/A agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed $75,000; and for Public Works Contracts that exceed $175,000 Or Date of City Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed J �� agreement � � �l/ z 8 City Attorney Review and approve insurance n Pf5 and bonds ` ]I I L— (for Public Works Contracts) Ur AV l L 9 City Manager/ Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager �� �Q