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HomeMy WebLinkAboutCA Martin v. City of Boise Legal Services AgreementRenne Public Law Group - 350 Sansome Street I Suite 300 San Francisco, CA 94104 September 9, 2019 Via E-mail Robert Epstein City of San Rafael 1400 Fifth Avenue, Room 201 San Rafael, CA 94901 Teresa L. Stricker 415-848-7242 tstricker>Mpubliclawgroup com Re: Martin v. City of Boise — Coalition of California Local Public Agencies as Amici Curiae in Support of the City of Boise's Petition for a Writ of Certiorari with the U.S. Supreme Court — Legal Services Agreement Dear Mr. Epstein: Thank you for retaining Renne Public Law Group ("RPLG") to provide legal services on behalf of the City of San Rafael. We appreciate the opportunity to serve as your lawyers and look forward to continuing to work with you on this matter. This Legal Services Agreement ("Agreement") sets forth our agreement concerning the legal services we will provide and our fee and cost arrangements for those services. Please read the entire Agreement before signing and returning it to us. Scope of Engagement. We provide legal services in connection with representing you and other California local public agencies (the "Coalition") as amici curiae in support of the City of Boise's petition for a writ of certiorari with the United States Supreme Court in Martin v. City of Boise, 920 F.3d 584 (9th Cir. 2019). We will build and manage the Coalition and prepare an amici brief in support of Boise's petition for a writ of certiorari. By executing this Agreement, you hereby consent to us filing an amici brief on behalf of the City of San Rafael. Our work is limited to the services described in the preceding paragraph. Should the Supreme Court decide to grant Boise's petition, we will confirm with you and the other Coalition members about whether you wish to separately retain us to draft an amici curiae brief supporting Boise's brief on the merits. Should we agree to provide legal services in connection with any briefing on the merits in the Martin matter, or in connection with any other matter, we will confirm the engagement in writing and bill separately for such services. 2. Fees and Personnel. I will be the attorney in charge of this matter. Partner Jon Holtzman, Senior Associate Ryan McGinley -Stempel and I will provide the primary legal services under this Agreement, however, this Agreement retains the legal services of our law firm and not of a particular attorney. Other attorneys and support staff will be assigned as needed. Renne Public Law Group Our discounted hourly rates for our factual and legal research, preparing the amici brief, and building and managing the Coalition for this important amicus effort are as follows: Partners/Of Counsel $350 Senior Associates $335 Associates $245-$300 Paralegals $195 Legal Assistants/Analysts $125 Additionally, we will charge each member of the Coalition a pro rata share of our actual costs incurred in the representation, as well as for any disbursements to third parties made on the Coalition's behalf. Such costs and disbursements include, for example, travel (at the IRS rate in effect at the time the travel occurs), computer-assisted research, overnight delivery and messenger services, and the approximately $2,500 in printing costs associated with complying with the Supreme Court's intricate booklet requirements for briefs. Within 30 days of executing this agreement, you agree to provide us a retainer in the amount of $5,000, which shall be held in our firm's trust account. The retainer collected from you and the other Coalition members will be used to pay our fees and costs as set forth above. You authorize us to use that retainer to pay your agency's pro rata portion of the fees and costs incurred in this matter. Under no circumstances will you be required to pay more than the $5,000 retainer for our fees or costs in connection with the Coalition's amici efforts at the writ petition stage. To the extent that the total amount we collect in retainers from all Coalition members exceeds our actual fees and costs at the writ petition stage, we will reimburse each Coalition member a pro -rata share of the remaining unused balance. 3. Monthly Statements: We will send you monthly statements showing our work for the prior month in this matter. The statements will contain a brief narrative description of the work performed and identify the attorney who performed the work. The statement will include a line item reflecting actual costs incurred in the representation. If you have any questions about a monthly statement, please promptly telephone or write me so that we may discuss these matters. Billing is done in 1/10th of an hour increments. 4. Termination of Services. You may terminate RPLG's services at any time by written notice. After receiving such notice, we will cease providing services. We will cooperate with you in the orderly transfer of all related files and records to your new counsel. RPLG may terminate its services for any reason upon reasonable written notice, consistent with the Rules of Professional Responsibility. If we terminate our services, you agree to execute a substitution of attorneys promptly and otherwise cooperate in effecting that termination. Renne Public Law Group' Termination of our services, whether by you or by us, will not relieve the obligation to pay for services rendered and costs incurred before our services formally ceased. 5. No Guarantee of Outcome. Any comments made by us about the potential outcome of this matter are expressions of opinion only and are not guarantees or promises about any outcome or results. 6. Government Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 7. Entire Agreement; Full Understanding; Modifications in Writing. This letter contains our entire agreement about our representation. Any modifications or additions to this Agreement must be made in writing. 8. Joint Representation. Our firm maintains Of Counsel agreements with certain legal specialists. Because these individuals are deemed independent contractors under the applicable provisions of the tax laws and not employees of the firm, it is necessary that you consent to dual representation by the firm and the specialist in the event the matter which you have engaged us to handle requires the use of that specialist. This arrangement has no effect whatsoever on the cost of your legal services, rather it is an ethical requirement that we disclose this fact and that you consent. You are consenting by signing this letter. Very truly yours, Teresa L. Stricker Partner cc: Lisa Goldfien, Assistant City Attorney Jon Holtzman, Partner Ryan McGinley -Stempel RPLG Billing Department These terms are accepted and agreed to as of the date of this letter. By: Print Name: Ji Schutz Title: City Manager City of San Rafael CIO RAFq�! 1 i 2 y0 �iT y w I T H 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: Rob Epstein Extension: 3080 Contractor Name: Renne Public Law Group (Martin v. City of Boise — coalition of CA local public agencies as amici curiae in support of City of Boise's Petition for Writ of Certiorari with US Supreme Court Contractor's Contact: Teresa L. Stricker, Esq. Contact's Email: tstricker@publiclawgroup.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 _.._ .. Step RESPONSIBLE r DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial ki Project Manager a. Email PINS Introductory Notice to Contractor N/A 2 * City Attorney 3 Department Director 4 5 6 7 8 9 10 4-3 Project Manager Project Manager b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor Approval of final agreement form to send to contractor Forward three (3) originals of final agreement to contractor for their signature When necessary, contractor -signed agreement 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 Date of City Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form City Attorney Review and approve hard copy of signed agreement City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) _ City Manager/ Mayor Agreement executed by City Council authorized official City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager Click here to enter a Clate. ❑ El ® N/A Or Click here to enter a date. to/15111 EI El ILI/ Y;�e (N /A