AGR-7026 - MANNING & KASS, ELLROD, RAMIREZ, TRESTER LLP - LEGAL SERVICES FOR LITIGATION DEFENSE-HENRY LEE AND PATRICIA LEE V. CITY OF ORANGEAG(._102p
ATTORNEY SERVICES AGREEMENT
THIS AGREEMENT is entered into by and between the City of Orange, a municipal
corporation ("City") and Manning & Kass, Ellrod, Ramirez, Trester, LLP ("Law Firm") to be effective
as of this 1s' day of September, 2020 ("Agreement").
RECITALS
WHEREAS, the City Attorney of the City of Orange ("City Attorney") is the chief legal advisor
and litigator for City and is charged with the responsibility of protecting the interest of City in any or
all actions or proceedings to which City or its officers or employees are parties by reason of any act
allegedly arising out of their official capacity with City, and to advise the City Council and/or City staff
on legal matters involving the City; and
WHEREAS, City, acting through its City Attorney, has, on occasion, need of assistance from
outside counsel in maintaining or defending said actions and proceedings or in otherwise seeking legal
advice or services related to protecting the interests of City; and
WHEREAS, Law Firm represents that it possesses the skill, qualifications, experience, and
resources necessary to render said assistance as hereinafter provided.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, IT IS MUTUALLY
AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
SECTION I: SERVICES
A. Law Firm is being retained by the City to provide specialized legal services related to
litigation defense in the matter of Henry Lee; and Patricia Lee v. City of Orange; and DOES 1-10,
inclusive. This representation may involve the interest of City, its officers, employees, former officers
or former employees as directed by City Attorney. The legal services to be provided include defense on
behalf of defendant City of Orange against complainants' Complaint for Damages for civil rights
violations, municipal liability, false arrest, wrongful death, infliction of emotional distress and Bane Act.
B. Law Firm has assigned Missy O'Linn as lead counsel primarily responsible for this
matter. It is anticipated that Law Firm may utilize other lawyers in the firm to assist in performing
these services, but Law Firm shall not assign other lawyers for such primary responsibility without prior
approval of City Attorney.
C. Law Firm shall not, and is not, authorized to enter into. any agreements other than relating
to routine procedural matters without first obtaining authority from City Attorney or the City Council.
Such authority may be provided orally.
D. Law Firm is not authorized to accept service of any summons and complaint or summons
and cross -complaint on behalf of City, its officers, employees, former officers, or former employees
without prior approval of City.
E. Law Firm shall not incur any expenses or costs for experts, or consultants or specialists
without first obtaining authorization from City Attorney. Such authority may be provided orally.
F. Law Firm's service pursuant to this Agreement shall be performed in a professional,
ethical manner and to the satisfaction of City Attorney and City Council.
SECTION II: PAYMENT
A. City shall pay Law Firm as consideration for services satisfactorily rendered pursuant to
this Agreement at the hourly rates set forth in Exhibit "A," attached and incorporated herein by this
reference. Total payments for services performed pursuant to this Agreement shall not exceed Thirty
Thousand Dollars and 00/100 ($30,000.00) without prior written approval of the City Council. A
condition precedent to any payment to Law Firm shall be that Law Firm submit a statement which
clearly sets forth, by dates, the designated items of work, the work time of each item and amount charged
for said work time.
B. City shall pay invoices within thirty-five (35) days of approval of the invoice.
C. City shall compensate Law Firm in accordance with the attached "Guidelines for Billing
of Legal Services" set forth in Exhibit `B," attached and incorporated herein by this reference, and Law
Firm agrees that it shall not be entitled to compensation for services or billing not rendered in
accordance with such guidelines.
SECTION III: AMENDMENT
The terms of this Agreement can only be amended by written Agreement signed by the parties
hereto.
SECTION IV: ASSIGNMENT
Law Firm shall not assign or transfer its interest in this Agreement without the written consent
of City Attorney.
SECTION V: COMPLIANCE WITH APPLICABLE LAWS
In performance of this Agreement, Law Firm shall abide by and conform to any and all
applicable laws of the United States, State of California, and ordinances and policies of City.
SECTION VI: CAPACITY AS AN INDEPENDENT CONTRACTOR
Performance of Law Firm's services pursuant to this Agreement shall be in the capacity of an
independent contractor and not as an officer, agent, or employee of City.
SECTION VII: CONFLICT OF INTEREST
It is recognized that Law Firm may have clients who may, from time to time, have interests
adverse to City, and Law Firm reserves the right to represent such clients in matters not connected with
case(s) assigned Law Firm by City. Should Law Firm represent a client who may have interests adverse
to City during performance of this Agreement, Law Firm shall immediately, but in no event fewer than
ten (10) days, after becoming aware of said possible adverse interest provide written notice to City of
the possible adverse interest. Law Firm agrees to comply with any obligations pursuant to California
Government Code §87100 et seq. The parties agree that the scope of this engagement does not confer
consultant" status on any of the attorneys or other firm personnel providing services to City, and Law
Firm enters this Agreement on condition that, under City's conflict code, neither Law Firm not its
attorneys or other personnel qualify as public officials.
SECTION VIII: TERMINATION
This Agreement and all legal services to be rendered hereunder may be terminated at any time
by City Attorney with or without cause. Upon such termination, or upon the conclusion of such services
by Law Firm, all finished and unfinished documents, case data and reports, both originals and all copies,
relating to such matter and then in the possession of Law Firm shall be deemed the property of City and
shall immediately be placed in the physical possession of City by Law Firm. In the event of such
termination, Law Firm shall be paid for all satisfactory services rendered, unless such termination is for
cause, in which event compensation, if any, shall be adjusted in light of the particular facts and
circumstances involved in such termination.
SECTION IX: INDEMNIFICATION
Law Firm agrees to indemnify, defend and hold harmless City, its officers, agents, employees,
representatives, and volunteers for damage to property and for injury to or death of any person and from
all claims, demands, actions, purported liability, or consequential damages of any kind or nature arising
out of or in connection with Law Firm's negligent performances of services under the terms of this
Agreement or exercising any rights granted herein, except those claims, demands, purported liability or
consequential damages which arise out of the misconduct or negligence of City.
SECTION X: INSURANCE
A. Law Firm shall carry and maintain during the course of this Agreement the following
insurance coverage with limits as specified for each type of insurance:
Workers' compensation insurance as required by California law;
2. Professional liability (errors and omissions) insurance coverage in an amount not
less than one million dollars ($1,000,000) to protect from negligent acts, errors or omissions of a
professional nature. Any insurance maintained by City shall apply in excess of and not contribute with
insurance provided by this policy.
B. As a condition precedent to City's obligation to pay Law Firm any compensation
hereunder, Law Firm shall deliver to City insurance certificates, in such form as may be acceptable to
City Attorney, evidencing the existence of the insurance required by this Agreement.
SECTION XI: NOTICES
Except as otherwise provided herein, all notices required under this Agreement shall be in
writing and delivered personally, by e-mail, or by first class U.S. mail, postage prepaid, to each party
at the address listed below. Either party may change the notice address by notifying the other party in
writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in
the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the
e-mail transmission.
city
City of Orange
300 East Chapman Avenue
Orange, CA 92866
Attn: City Attorney
SECTION XII: ENTIRE AGREEMENT
Law Firm
Manning & Kass, Ellrod, Ramirez, Trester, LLP
15TH Floor at 801 Tower
801 South Figueroa Street
Los Angeles, CA 90017-3012
Attn: Missy O'Linn
This writing constitutes the entire Agreement between the parties with respect to the subject
matter hereof, and supersedes all prior oral or written representations or written Agreements which may
have been entered into between the parties. No modification or revision to this Agreement shall be of
any force or effect, unless the same is in writing and executed by the parties hereto.
SECTION XIII: EFFECTIVE DATE AND AUTHORITY
Law Firm represents that the signatories hold the positions set forth below their signatures and
that the signatories are authorized to execute this Agreement on behalf of Law Firm and to bind Law
Firm hereto.
Remainder ofpage intentionally left blank; signatures on next pagel
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the
first date written herein above.
DATED: a w CITY OF ORANGE, a municipal corporation,
i
Otto ity Manager
MANNING & KASS, ELLROD, RAMIREZ,
TRESTER,LLP
DATED: /2 0 By;
Printed Name: Sfada '. , *, A . 0% 4
10
Title:
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
Co r Gary K. Sheat , City Attorney
GAS:mj
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EXHIBIT "A"
Beneath this sheet]
STEVEN D. MANNING RICHARD MACK t JEFFREY TSAO NICOLE DYER
DENNIS B. KASS TONY M. SAIN ERIN N. COLLINS KEVIN D. CAMPBELL
ANTHONY J. ELLROD LALO GARCIA TIFFANY HENDERSON DANE CUMMARO
EUGENE P. RAMIREZ CHRISFOPHERDATOMI JONATHANHACK* NICOLEHOIKKA*
FREDRIC W. TRESI'ER ANGELAM.POWELL 1/ L] IV I ITNGCCAss EMILY ELLSE SHELAN TOMA
LAWRENCE D. ESTEN ANTHONY CANNIZZO
11 11LL 11L a a i
CURTIS GOLE SHANE ABERGEL
MILDRED K. O'LLNN * ROLAND TONG RAMIREZ, TRESTER ERIC WAHRBURG REGINA PETERS
ALFRED M. DE LA CRUZ JONATHAN J. LABRUM * LLROD, LLP CAROLTREASURE SARA ANTOUN
ERWIN A. NEPOMUCENO * JONATHAN D. SAYRE ATTORNEYS AT IiIW R. SCOTT HARLAN RIAHNA BACCHUS
BRIAN T. MOSS * KAREN LIAO COURTNEY CASIANO TORT BAKKEN
JEFFREY M. LENKOV ZUBIN FARINPOUR BRANDON DAWOODTABAR TRO ISKEDJIAN
MARGUERITE L. JONAK * MATTHEW E. KEARL COURTNEY ARNOLD BREE BRYDENTHAL
JOHN D. MARINO RODRIGO J. BOZOGHLIAN lionRONALD STEWART GARROS CHAN
MICHAEL L. SMITH TONYA N. MORA MARLON RUHNO CHRISTINA TAPIA
LOUTS W. PAPPAS GREFHCHEN COLLIN JOSHUA FERGUSON ALICIA D. MASSIDAS*
EUGENE J. EGAN JUUE M. FLEMING SALLY FREEMAN* S. CHRISIIAN ANDERSON
CLIFFORD A. CLANCEY ROBERT E. MURPHY * CHRISDNE LA VORGNA WALTER CRO WELL
RINAT B. KLIER-ERLICH DONALD R. BECK LIZETTE ALVARADO CYNTHIA LANE
ROBERT B. ZELMSt ROBERTP.WARGO* 15TH FLOOR AT 801 TOWER IAN KING
R. ADAM ELLISON SCOTT A. ALLES t CAMERON ARONSON
SCOTT Wm. DAVENPORT MAHASHKASHEH 801 SOUTH FIGUEROA STREET SAMANTHA KATTAU
JASON J. MOLNAR* HEATHER M. ANTONIE
LOS ANGELESCALIFORNIA 900173012 ARTHRKHURIN*
OF COUNSF.I DAVID
V. ROTH JASON J. DOSHI GRACEUCOLLER ARI MARKOW JENNIFER L.
SUPMAN ADAM ROEHRICK TELEPHONE: (213) 624-6900 TANYAPROUTY TRISHA NEWMAN KATHLEEN A.
HUNT * EMILY EDWARDS ELLEN BURACH-ZION STEVEN J.
RENICK DANIEL SULLIVAN FACSIMILE: (213)624-6999 JOSHUA BABATAHER Adminedin Mdtiple Jurisdiction J AMES
E. GIBBONS PAUL MITTELSTADT* WEB SITE:
WWW.MANNINGLLP.COM EVGENIA JANSEN t Admittcdto Prad-Lawn Ancona DANIEL B.
HERBERT* MAE ALBERTO CHELSEA CLAYTON t Adpdmined to PracticeLaw in ALbama s MARK A. HAGOPIAN
BRIAN SMITH NICHOLAS SCOTT DONALD R. DAY *
PAUL HARSHAW AIDE ONTIVEROS D. HIEPTRUONG ANDREAKORNBLAU
ALINASOOKASIAN MICHAEL A. WEISMANTEL
MICHAEL WATTS July 24, 2020 LUISA ROSARIO JANET D. JOHN *
NISHAN WILDE CORY RAY JOHN M. HOCHHAUSLER
LYNN CARPENTER * XENA MASHBURN ANTHONY S. VITAGLIANOt
DAVID R.RUIZ LILIT SHAMIRYAN KEVIN H. LOUTH
NATALYA VASYUK ANTOINETTE MARINO* SHARON S. JEFFREY
DERIK SARKESIANS GLENN JOHNSTON DAVID R. REEDER*
MARK WILSON ELISE DVOROCHKIN TOBY D. BUCHANAN
CRAIG SMITH SABIRA SHERMAN LADELL H. MUHLESFEIN
KARLY K. WHITE RICHARD MCKIE RICHARD G. GARCIA
KELSEY NICOLAISEN ALEXANDRIA DAVIS JEANETTE L. DIXON
FAROUKMANSOUR EDWIN SASAKI KENNEPH S. KAWABATA
KIRSTEN BROWN LARAYA PARNELL STEVEN AMUNDSON* JAMILEH
HAWATMEH Amy COOPER RETAINER AGREEMENT Manning &
Kass, Ellrod,
Ramirez, Trester, LLP ("Firm) is pleased to have the opportunity to represent you
with regard to the legal needs mentioned below. We look forward to serving you effectively, economically and
professionally. The purpose of
this Agreement is to explain the nature and limitations of our representation, as well as
obtain your consent to our fee arrangements which are set forth below. We apologize for the formality of
this Agreement, but we believe it is to everyone's benefit for you to understand fully the terms
of our representation at the outset. In addition, California Business and Professions Code § 6148 imposes
certain obligations upon parties to a legal service contract to memorialize their understanding in
writing. 1. Conditions. This
Agreement will not take effect, and we will have no obligation to provide any legal
services, until we have received a fully executed copy of this Agreement with all required signatures. 2.
Scone of
Engagement. Specifically., this Firm will represent City of Orange in the case entitled In
re Erik Lee and in that case only, through trial and post -trial motions. Our representation will
continue under the terms of this retainer up to and through trial, settlement, arbitration, dismissal,
judgment or any other final resolution of this case. The scope of our engagement will
not include issues pertaining to any other matter, post judgment motions, appeals, or any
other post judgment issues unless approved by the Firm. If a change
of circumstances in the matter calls for a new written retainer, or if we, in our sole discretion believe
a new written retainer is appropriate for any new matter, then a new written DALLAS NEW YORK
ORANGE COUNTY PHOENIX SAN DIEGO SAN FRANCISCO 901 Main Street,
Suite 6530 One Battery Park Plaza, 4th Floor 19800 MacArthur Blvd, Suite 900 3636 North Central Avenue, I I th Floor 225 Broadway, Suite 1200 One California Street, Suite 900 Dallas, TX 75202
New York, NY 10004 Irvine, CA 92612 Phoeni., AZ 85012 San Diego, CA 92101 San Franel—, CA 94111 Telephone: (214) 953-
7669 Telephone: (212) 858-7769 Telephone: (949) 440-6690 Telephone: (602) 3134469 Telephone: (619) 515.0269 Telephone: (415) 217-6990
RETAINER AGREEMENT
City of Orange
July 24, 2020
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retainer, signed by a partner in our Firm will be required before we will proceed with the case. In
that situation, we will advise you the necessity of a new retainer and we will incur no legal duty to
render any legal services, until and unless we receive the separate retainer, signed by you and all the
terms and conditions of that retainer have been met. The terms of such a retainer will be at our sole
discretion. A change of circumstances may include the inception of mediation, or arbitration, the
commencement of litigation, if we were retained for a matter in which litigation had not yet
commenced, or any other event that we believe in our sole discretion calls for a new retainer.
In addition to the foregoing, after the normal conclusion of services if the Firm or any
member is ever called upon to perform additional services, including producing documents or being
deposed about the matters that were the subject of the representation, you agree to pay the Firm the
associated costs as well as the then -applicable hourly rates for the applicable member's time,
including preparation time.
3. Legal Fees, Billing Policies and Procedures. Our charges for legal services are based on
the hourly rates of our professional staff. Professional time is billed in increments of 1/1 Oth of an
hour. Our rates for this matter are $250.00 per hour for partners and senior counsel; $235.00 per
hour for associates and $125.00 per hour for law clerks and paralegals. Should the matter require
the specialized services of our Appellate attorneys, the rates for such services are $300.00 per hour
for partners and senior counsel and $250.00 per hour for associates.
We review and adjust these billing rates periodically, and the applicable hourly rates are
those in effect at the time the services are performed. We will of course, notify you of any changes
in advance.
Statements for our services rendered and costs advanced will be due upon receipt. We
expect our clients to keep their accounts current at all times.
If you dispute the costs or fees billed on any invoice or any portion of an invoice you must,
within 15 days of receipt of that invoice, advise us in writing, identifying each entry you dispute and
the nature of that dispute. If you do not do so within 15 days we will assume that you do not dispute
the costs and fees on that invoice and you expressly waive any right to contest that invoice or any
portion of that invoice at a later time.
If a billing statement is not paid when due, interest will be charged on the principal balance
fees, costs, and disbursements) shown on the statement. Interest will be calculated by multiplying
the unpaid balance by the periodic rate of .833% per month (TEN PERCENT [10%] ANNUAL
PERCENTAGE RATE). The unpaid balance will bear interest until paid.
4. Costs and Expenses. In the course of this representation, we may incur certain costs
and expenses on your behalf. We will obtain your consent before incurring any cost in excess of
500. Bills we receive will be forwarded to you for direct payment to the service provider. The
costs and expenses that we will bill you for include, but are not limited to, process servers' fees, fees
fixed by law or assessed by courts or other agencies, court reporters' fees, long distance telephone
calls, messenger and other delivery fees, postage, parking, investigation expenses, consultants' fees,
computer research services, expert witness fees, telecopies, mileage at the IRS approved rate, in-
RETAINER AGREEMENT
City of Orange
July 24, 2020
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office photocopying at $ .25 per page, and other similar items. These charges will appear on your
monthly statement and, once again, we expect our clients to keep their accounts current.
5. General Responsibilities of Attorney and Client. We will provide services of the
type described above, and we will keep you informed of the progress and respond to your inquiries.
You will provide us with such factual information and materials as we require to perform the
foregoing services, and you will make such business or technical decisions and determinations as
are appropriate. It is understood that you are not relying on us for business, investment or
accounting decisions or to investigate the character or credit of persons with whom you may be
dealing.
The Firm routinely uses internet electronic mail to communicate with its clients. While
electronic mail is a generally accepted form of communication in the business and legal
communities and is considered to be confidential and reliable, using it creates some risk that such
communications may be intercepted by, or otherwise disclosed to, third parties. Client assumes all
risks associated with using internet electronic mail for communications between this Firm and
Client. If Client considers communications to be of such a nature that this risk is unacceptable,
Client must advise Firm in writing and request not to communicate by electronic mail. In such
cases, Client shall be responsible for all additional costs associated with using alternative means of
communication.
6. Disclaimer of Result Guarantee. This fee agreement is not contingent upon the
ultimate outcome of your legal needs. Sometimes, the final result is not in accordance with a client's
hopes and expectations. Nothing in this agreement and nothing in our statements to you will be
construed as a promise or guarantee about the outcome of your legal matter. We make no such
promises or guarantees. Our comments about the outcome of your matter, if any, are mere
expressions of opinion only.
7. Discharge and Withdrawal. You may discharge us at any time for any reason. In
addition, it is understood that we may terminate our legal services and withdraw from this
engagement with your consent or for good cause. Good cause includes any breach of this
agreement, failure to pay our fees and other charges promptly, refusal to cooperate with us or to
follow our advice on a material matter or any other fact or circumstance that would render our
continuing representation unlawful or unethical. .
In the event our engagement is terminated for any reason, you will continue to be obligated
for our services and other charges incurred before the termination date. If we are required to take
legal action to recover our fees for professional services or expenses incurred, you will be
responsible for all court costs and attorney's fees incurred.
After the conclusion of our services which are the subject of this Agreement, whether by
discharge, withdrawal, normal conclusion of this matter, or otherwise, if the Firm or any attorney of
the Firm is ever called upon to perform additional services, including giving testimony in any
deposition or court proceeding, about the subject matter of this representation, you agree to pay the
Firm the hourly rates set forth herein for the applicable attorney's time, including preparation time.
RETAINER AGREEMENT
City of Orange
July 24, 2020
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No legal action, including the arbitration proceedings described in paragraph 10 may be
brought by you for any cause of action against Manning & Kass, Ellrod, Ramirez, Trester LLP or
any agent or employee of Manning & Kass, Ellrod, Ramirez, Trester LLP, unless you have
complied with all the terms and provisions of this Agreement.
8. Retention of Records. You agree that the Firm will retain all documents relevant to
the legal services provided to you, including all documents you have furnished to us, for a period of
five years from the date our services have concluded (or if a minor is involved, until the minor
reaches majority, if longer). After that five year period has expired you agree that the file and all
retained documents may be destroyed unless you contact our office at least ninety days prior to the
expiration of that five year period and arrange to pick up the file.
9. Insurance Disclosure. This firm does maintain errors and omissions insurance
coverage applicable to the services to be rendered.
10. Arbitration. In any dispute arising out of, or related to, a claimed breach of this
Agreement, the professional services rendered by us, or your 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, such dispute shall be resolved
by binding arbitration by an arbitrator mutually agreed upon by the parties. In the event that the
parties cannot agree, each party shall choose an arbitrator, and those two arbitrators shall then select
a single neutral arbitrator who will hear the dispute. Discovery for this binding arbitration shall be
limited to that which is allowed under the California Municipal Court statutes, including all rights
and remedies thereunder. The arbitration shall take place in the County of Los Angeles unless
otherwise agreed upon in writing. Except as mentioned in Paragraph 8 above, each party shall bear
its own attorney fees and costs.
11. Survival. In the event that any provision of this Agreement is deemed to be illegal or
unenforceable, such determination shall not affect the validity or enforceability of the remaining
provisions hereof, all of which shall remain in full force and effect.
12. Received by Client. Client's signature acknowledges receipt of this Agreement and
assent to its terms. Please review this Agreement carefully and, after signing it, return the document
to the Firm.
13. Entire Agreement. This writing constitutes the entire agreement between the parties
concerning the engagement described in Paragraph 2. It supersedes all prior agreements and
understandings, written or oral, and no representations by the parties, written or oral, are binding
unless expressly stated in this Retainer Agreement. The Retainer Agreement may be modified only
in a writing signed by all the parties to this Retainer Agreement.
In the event that the Firm provides additional legal services to you outside the scope of the
engagement described in Paragraph 2 without the parties entering into a separate written agreement,
the terms of that representation will be governed by the provisions of this Agreement to the extent
applicable and not inconsistent with such representation.
RETAINER AGREEMENT
City of Orange
July 24, 2020
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We are .pleased that you have selected Manning & Kass, Ellrod, Ramirez, Trester LLP as
your counsel in this matter. Your signature below confirms that you have read this Agreement and
agree to be bound by its terms. Further, we will assume you assent to the terms of this Agreement,
whether signed or not, if you accept our legal services without objecting to any of the terms of this
Agreement in writing.
Dated: 2020
CITY OF ORANGE
By::
Signature.
Print Name
Print Title
MANNING & BASS
ELLROD, RAMIREZ, TRESTER LLP
Dated: lc , 2020 By:
S,tw#tnarming
Iffaffa—ging- Partner
EXHIBIT "B"
GUIDELINES FOR BILLING
OF LEGAL SERVICES
1. All cases shall be billed monthly.
2. All billing shall be done in .10-hour increments.
3. Each month's bill shall include the total fees and costs incurred to date for the legal
services.
4. Monthly billing entries shall be by date and task. Entries shall list the names or initials
of each attorney or paralegal working on the matter and full descriptions of tasks
performed. Each task performed shall be listed separately.
5. The City will not pay for new attorneys to "get up to speed" on a file unless approved in
advance by the City Attorney.
6. City encourages the use of paralegals for any task that can be appropriately delegated.
7. Billing shall include photocopying charges on a per -copy basis. The maximum charge is
100 per copy.
8. Messenger and outside charges are billable at actual cost.
9. Research support services (e.g., Westlaw, LEXIS or computer time or services), long
distance telephone, cellular phone, and postage charges are billable at actual cost.
Where charges are made for research time, the specific issue being researched shall be
identified on the bill.
10. Travel expenses shall be reimbursed pursuant to the California Insurance Pool Authority
CIPA) Policy and Guidelines.
11. Expert witness fees are not automatically authorized and must be approved in advance
by the City Attorney.
12. City will not pay for secretarial time or secretarial overtime. City will not pay attorneys
or paralegals for secretarial tasks or tasks that should be included in your overhead. For
example, faxing, mailing, arranging for messengers and calendaring are not acceptable
charges.
13. City will not pay for word processing charges.
14. City will not pay for billing or discussion of bills. If we have questions about billing or
need additional information on bills, time spent on such questions shall not constitute a
chargeable event.
15. City will not pay for billing relating to the attorney contract or insurance.
16. City will not pay for minimum billing charges other than the 0.1 hours listed above.
17. City will not pay for file opening or file closing.
18. The City has retained you because of your past experience but will not pay for research
performed or forms developed and billed to prior clients.
19. Unilateral raises of hourly rates or contingency rates, if applicable, will not be honored.
Any increases in such rates must be reduced to writing and approved in advance by the
City Attorney.
20. Any costs in excess of $500 must be approved in advance by the City Attorney.
21. If you are provided with a new case directly from staff, or if a matter arises that requires
you to open a new file, the City Attorney shall be informed immediately.
22. City accountants will send a request for an auditor response letter annually. Please
respond promptly. The response should not take longer than one hour per case. In
complicated cases where more than 2.0 hours is required, please contact the City
Attorney before drafting your response.
2