HomeMy WebLinkAboutAGENDA REPORT 2001 0307 CC REG ITEM 10AITEM /0 - 4
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MOORPARK CITY COUNCIL BY;
AGENDA REPORT
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, ATCM /City Clerk 37—
DATE: February 28, 2001 (CC Meeting of 3/7/01)
SUBJECT: Consider Letter of Engagement for Meyers, Nave, Riback,
Silver & Wilson Law Corporation for Preparation of a
Letter to the Fair Political Practices Commission (FPPC)
to Obtain a Conflict of Interest Determination
BACKGROUND AND DISCUSSION
A letter of engagement proposal from Meyers, Nave, Riback, Silver
& Wilson is attached. The scope of engagement includes providing
Councilmember Mikos with advice regarding potential conflicts of
interest and preparing a letter to the FPPC to obtain a conflict of
interest determination on her behalf.
STAFF RECOMMENDATION
Direct the City Manager to sign the Letter of Engagement, subject
to final language approval by the City Manager and City Attorney.
Attachment: Letter of Engagement proposal dated 2 -23 -2001
m e y e r s I n a v e riback silver & wilson
professional low corporation
February 23, 2001
Steve Kueney, City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
RE: FPPC Determination /Letter of Engagement
Dear Mr. Kueney:
Liane M. Randolph
Attorney at Law
510.351.4300
FEB (9 ij 9-0al
OFFIC- u ; ,,1, °rAr ►�I
Thank you for expressing interest in retaining Meyers, Nave, Riback, Silver & Wilson to represent the City of
Moorpark relative to Council Member Roseann Mikos' potential conflict of interest. We welcome the
opportunity to serve as your lawyers in this regard.
Our firm has significant experience representing cities and their elected officials in conflict of interest issues.
In addition to our extensive experience in Northern California, we have represented elected officials of the
Cities of Gilroy, Citrus Heights, and Pasadena in matters similar to those facing the City of Moorpark.
This letter sets forth our agreement concerning the legal services we would provide and our fee
arrangements for those services.
1. Scope of Engagement. We will provide Council Member Mikos with advice regarding potential
conflicts of interest and make the necessary submissions to the FPPC to obtain a conflict of interest
determination on her behalf. Our work is limited to such services. The City of Moorpark shall be
responsible for the payment of all fees and costs in connection with this matter and the City shall be our
client. We will also provide legal services for additional matters that you request of us, provided we agree
to perform that additional work. A letter confirming such additional work shall bring such work within the
scope of this agreement.
2. Fees and Personnel. As compensation for our services, our fees will be based on our current
standard billing rate for the personnel performing services under this agreement at the time such services
are rendered. My fees are $200 per hour. I will be the attorney in charge of representing your interests. If
other attorneys and/or paralegals and /or legal assistants are assigned to work on your matter, the then
current hourly rates (but not to exceed my rate) of those individuals will be utilized. This agreement retains
the legal services of our law firm and not of a particular attorney. Hourly rates are subject to reasonable
change, usually at the beginning of each year.
North say Office
Santa Rosa, California
Control valley Office
East Bay Office 1 777 Davis Street, Suite 300 • San Leandro, California 94577 • Telephone 510.351.4300 • Fax 510.351.4481 • www.meyersnove.com Stockton, Calif«nia
Steve Kueney, City Manager
February 23, 2001
Page 2
3. Disbursements and Expenses. In addition to hourly fees, we may incur out -of- pocket expenses
related to your representation. Our Statement of Fee and Billing Information, which sets forth the details of
our disbursement and expense policy, is attached.
4. Billing and Payment Responsibilities. We will send monthly statements which are due within 30
days of receipt. if you have any questions about an invoice, please promptly telephone or write me so that
we may discuss these matters. Our Statement of Fee and Billing Information sets forth the details of our
fee and billing policy.
5. Termination of Services. You may terminate our 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.
We may terminate our services at any time with your consent or for good cause. Good cause exists if (a)
any statement is not paid within 60 days of its date; (b) you fail to meet any other obligation under this
agreement and continue in that failure for 15 days after we send written notice to you; (c) you have
misrepresented or failed to disclose material facts to us, refused to cooperate with us, refused to follow our
advice on a material matter, or otherwise made our representation unreasonably difficult; or (d) any other
circumstance exists in which ethical rules of the legal profession mandate or permit termination, including
situations where a conflict of interest arises. If we terminate our services, you agree to execute a
substitution of attorneys promptly and otherwise cooperate in effecting that termination.
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.
6. Insurance. During the term of this engagement, this law firm shall take out and maintain general
liability and property damage insurance in the amount of $1,000,000; professional errors and omissions
insurance, in an amount of $2,000,000 per occurrence; and $4,000,000 aggregate, which insurance may
not be canceled or reduced in required limits of liability unless at least ten days advance written notice be
given to you.
7. 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.
8. Indemnification. MNRSW agrees to protect, indemnify and save harmless the CITY, its officers,
officials, employees and agents from and against all claims, damages and causes of action by MNRSW's
employees or third parties on account of personal injuries or death or on account of property damages
arising out of the work to be performed by MNRSW pursuant to this Agreement and resulting from the
Steve Kueney, City Manager
February 23, 2001
Page 3
negligent acts or omissions of MNRSW or MNRSW's agents or employees.
9. Entire Agreement; Full Understanding; Modifications in Writing. This letter contains our entire
agreement about our representation, Any modifications or additions to this letter agreement must be made
in writing.
10. 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.
We would request that you review this letter carefully and, if it is consistent with your understanding of our
respective responsibilities, please so indicate by returning a signed copy of this letter to me at your earliest
convenience. Enclosed is an additional copy of this letter which you should retain for your records.
Again, we thank you for considering our firm to serve as your lawyers.
Ve my yours,
Liane M. Randolph
LMR:akm
Enclosures: Attachment
Client copy of Engagement Letter
These terms are accepted and agreed
to as of the date of this letter.
By: _
Title:
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MEYERS, NAVE, RIBACK, SILVER & WILSON
STATEMENT OF FEE AND BILLING INFORMATION
The following is a general description of our fee and billing policies. These general policies may be
modified by the specific engagement letter or agreement to which this summary is attached.
Professional Fees. Our fees for professional services are based on the fair value of the services
rendered. To help us determine the value of our services, our attorneys and paralegals maintain time
records for each client and matter. Our attorneys and paralegals are assigned hourly rates which are
based on years of experience, specialization, training and level of professional attainment. We adjust our
rates periodically (usually at the beginning of each year) to take into account inflation and the increased
experience of our professional personnel.
To keep professional fees at a minimum, legal work that does not require more experienced attorneys will
be performed, where feasible, by attorneys with lower billing rates. Of course, the quality of the work is
paramount, and we do not sacrifice quality to economy.
Before undertaking a particular assignment, we will, if requested, provide you with a fee estimate to the
extent possible. Estimates are not possible for some matters, however, and cannot be relied on in many
others because the scope of our work will not be clear at the outset. When a fee estimate is given, it is
only an estimate; it is not a maximum or minimum fee quotation. The actual fee may be more or less than
the quoted estimate.
Retainer. Our normal practice is to require a retainer to cover a portion of the anticipated attorneys' fees
and costs. Any retainer will be placed in the firm's trust account. At the conclusion of our services, we will
return to our client any unapplied retainer, after deducting payment for charges billed or to- be- billed for
services and any remaining out -of- pocket expenses.
Billing And Payment Procedures. Unless other arrangements are made at the time of the engagement,
invoices will be sent monthly. Invoices for outside services exceeding $100 may be billed separately.
Occasionally, however, we may defer billing for a given month or months if the accrued fees and costs do
not warrant current billing or if other circumstances would make it appropriate to defer billing.
Our invoices contain a brief narrative description of the work performed; if requested, the initials of the
attorney who performed the work will appear on the statement. The invoice will include a line item
reflecting in -house administrative costs. The firm's in -house administrative costs include, but are not
limited to, duplicating, facsimile charges, telephone charges, E -mail, postage, mileage and other
administrative expenses. We have determined that the most effective method of accounting for these
administrative costs is to charge a flat 8% of the professional fees incurred.
GI r r
The firm will be reimbursed for all outside services incurred in the course of providing legal services to our
client(s). Outside services will include, but are not limited to, all third -party expenses, delivery charges,
travel expenses, outside research services, filing fees, expert witness and expert consultant fees, To
defray the firm's costs for administering these services, there will be an additional cost advance charge of
2% for all outside services of $100 or more.
If you have any questions regarding an invoice, the billing manager, controller or shareholder in charge are
available to answer your questions. For any unresolved matters, the Bar Association has an arbitration
mechanism that can be used to resolve such matters.
Late Payments. Statements for services are payable upon presentation and, in all events, within thirty
(30) days after receipt. Occasionally a client has difficulty in making timely payments. To avoid burdening
those clients who pay their statements promptly with the added costs we incur as a result of late payments,
a late charge will be assessed on statements not paid within thirty (30) days. The maximum monthly late
payment charge will be 1.5% per month. In the unlikely event we are required to institute legal
proceedings to collect fees and costs, the prevailing party will be entitled to reasonable attorneys' fees and
other costs of collection.
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