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HomeMy WebLinkAboutATKINSON, ANDELSON, LOYA, RUDD & ROMO (AALRR) 1 -201211U?d1R?A1Cf rW?O? REQUIRED N-2012-032 WORK MAY PROCEED CLERK OF COUNCIL DATE, 6 - ATTORNEY REPRESENTATION AGREEMENT A4" Rub& P1o.ti 1. PARTIES The parties to this Attorney Representation Agreement (the "Agreement") are the Law Offices of ATKINSON, ANDELSON, LOYA, RUUD & ROMO (the "Firm") and THE CITY OF SANTA ANA ("Client"). II. RECITALS: PURPOSE Client desires to retain and engage the Firm to perform legal services on client's behalf, and the Firm is willing to accept said engagement on the terms and conditions contained in this Agreement. III. MATTERS The Firm is being retained in connection with the representation of Client in the following matters: * Investigation into allegations by employees in the City Attorney's Office * Review of contract with outside City Attorney * Advice and counsel on personnel and labor matters, as requested by Client. IV. TERMS AND CONDITIONS A. Client will compensate the Firm for the performance of legal services at the Firm's standard hourly rates for the attorneys within the firm working on the matters. Presently those hourly rates range from $200.00 to $425.00 per hour; however, it is contemplated that the Firm will, and the Firm reserves the right to, adjust its standard hourly rates upward in the future. The parties agree that Firm shall bill up to a maximum of $25,000.00 under this contract. B. It is the intent of both parties to the Agreement that work performed under this Agreement will be billed at the following rates, unless the parties agree in writing otherwise: $275.00 per hour for Partners; $250.00 per hour for Senior Associates; and $210.00 for Associates, and $125 for paralegals. For Investigative Services, the Firm shall bill for the time of Administrative Assistants to transcribe interviews at the rate of $40 per hour. C. The Firm shall not be obligated to advance costs on behalf of Client; however, for the purposes of convenience and in order to expedite matters, the Firm reserves the right to advance costs on behalf of Client with Client's prior approval in the event a particular cost item exceeds $200.00 in amount, and without the prior approval of Client in the event a particular cost item totals $200.00 or less. Typical cost items include, by way of example and not limitation, document preparation and word processing, long distance telephone charges, fax/telecopy charges, copying charges, appearance fees, messenger fees, travel costs, bonds, witness fees, deposition and court reporter fees, transcript costs, expert witness fees, investigative fees, etc. D. A detailed description of the attorney work performed and the costs advanced by the Firm will be prepared on a monthly basis as of the last day of the month and will be mailed to Client on or about the 15th of the following month. Payment of the full amount due, as reflected on the monthly statements, will be due to the Firm from Client by the 10th of each month, unless other arrangements are made. E. Client agrees to review the Firm's monthly statements promptly upon receipt and to notify the Firm, in writing, with respect to any disagreement with the monthly statement. F. Client agrees to fully cooperate with the Firm in connection with the Firm's representation of client, including but not limited to attending mandatory court hearings and other appearances and providing necessary information and documentation to enable the Firm to adequately represent Client. G. Client has the right, at any time, and either with or without good cause, to discharge the Firm as Client's attorneys. In the event of such a discharge of the Firm by Client, however, any and all unpaid attorneys' fees and costs owing to the Firm from Client shall be immediately due and payable. H. The Firm reserves the right to discontinue the performance of legal services on behalf of Client upon the occurrence of any one or more of the following events: 1. Upon order of Court requiring the Firm to discontinue the performance of said legal services; 2. Upon a determination by the Firm in the exercise of its reasonable and sole discretion, that state or federal legal ethical principles require it to discontinue legal services for Client; 3. Upon the failure of Client to perform any of client's obligations hereunder as respects the payment of the Firm's fees and costs advanced; or 4. Upon the failure of Client to perform any of client's obligations hereunder as respects cooperation with the Firm in connection with the Firm's representation of client. 1. In the event that the Firm ceases to perform legal services for Client, as herein above provided, Client agrees that client will promptly pay to the Firm any and all unpaid fees or costs advanced, and retrieve all of client's files, signing a receipt therefore. Further, Client agrees that, with respect to any litigation where the Firm has made an appearance in Court on his behalf, Client will promptly execute an appropriate Substitution of Attorney form. J. The Firm maintains errors and omissions insurance coverage applicable to the services to be rendered. V. DOCUMENT RETENTION AND DESTRUCTION The Firm retains client files for five (5) years after the client matter is closed. The Firm then destroys those files unless Client has previously asked the Firm return that matter file to you. VI. TERMINATION The attorney-client relationship between the Firm and Client will cease at the conclusion of the matter(s) specified above. There are instances when the Firm has been retained to provide ongoing general business advice or general labor advice to the Client. If the Firm is not asked by the Client to provide advice for a period of one (1) year from the last date the Firm provided such advice, both the Client and the Firm agree, that the attorney-client relationship terminated on the last date the Firm provided advice without further action or notice by either party. If the Client requires additional advice after such termination, a new Retainer Agreement will be required. VII. ARBITRATION If any dispute arises out of, or related to, a claimed breach of this agreement, the professional serv ices rendered by Attorneys, or Client(s) failure to pay fees for professional services and other expenses specified, or any other disagreement of any nature, type or description regardless of the facts or the legal theories which may be involved, including attorney malpractice, such dispute shall be resolved by binding arbitration by a single arbitrator. Each side shall bear his/their own costs and attorney fees. The parties agree to waive their right to a jury trial and to an appeal. VIII. EXECUTION DATE This Agreement is entered into this old?5 day of(?LfivzQ2012, at California. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney CITY OF SANTA ANA Paul Walters City Manager ATKINSON, ANDELSON, LOYA, RUUD 8t ROMO Irma Rodriguez Moisa Attorney