HomeMy WebLinkAboutRemy, Moose, Manley, LLP 2014-03-19 CO�- /vo . f 31`i - 1�'9
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REMY MOOSE MANLEY, LLP
LITIGATION FEE/RETAINER AGREEMENT
CLIENT: City of iJkiah
RMM MATTER NO.: 038
CASE NAME: Ukiah Costco
THIS FEE/RETf1INER AGREEMENT IS MADE THIS 19�' DAY OF
March 2014, by and between the undersigned Client CITY OF LTKIAH ("C1ienY')
and REMY MOOSE MANLEY, LLP, Attorneys at Law ("Attorneys").
1. THE CLIENT HEREBY RETAINS THE ATTORNEYS to defend
the Client in litigation brought by against Client, in which the Petitioners LTkiah
Citizens for Safety First, et al., challenge Client's approval of the Costco
Wholesale Project in January 2014, alleging violations of the California
Environmental Quality Act (CEQA) and the State Planning and Zoning Law.
2. THE CLIENT HEREBY AGREES to pay a fee of$325.00 per hour
for partners James G. Moose and Whitman F. Manley; $300.00 per hour for
partners Andrea K. Leisy, Tiffany K. Wright, Sabrina V. Teller, and Howard F.
Wilkins; $325.00 per hour for Brian J. Plant, of counsel; $290.00 per hour for
senior counsel Jennifer S. Holman and Amanda R. Berlin; $280.00 per hour for
Laura M. Harris, Jeannie Lee, John T. Wheat, Christopher L. Stiles, L. Elizabeth
Sarine, Deborah J. Kollars, Gwynne Hunter, and any other attorney of comparable
experience who may join the firm during the period of time covered by this
agreement; $250.00 per hour for any graduate legal assistant, to be increased to
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$280.00 per hour upon their admittance to the California Bar; $150.00 per hour for
any paralegal employed by the firm; and $125.00 per hour for a law clerk. The
Client will receive a monthly billing statement that sets forth work done and
expenses incurred and amount due and payable at that time. Commencing twelve
months from the effective date of this Agreement, the hourly rates set forth in this
paragraph may change from time to time to reflect increases in the cost of doing
business. Such changes will be noticed to the Client not less than 30 days before
they take effect. The Attorneys do not bill for secretarial or word processar time.
All time is billed in tenth hour intervals (6 minutes).
3. IN ADDITION TO THE ATTORNEYS' FEES SET FORTH
ABOVE, THE CLIENT HEREBY AGREES to pay to the Attorneys all applicable
COSTS, such as: filing fees; fees associated with performing legal research on
electronic databases, as charged and actually paid by Attorneys; copying costs;
mileage costs (outside of Sacramento); document retrieval from storage, as
charged; printing costs by a professional printer, as charged; phone charges, as
charged; facsimile charges; postage charges, as charged; reimbursement for
lodging and meal expenses in instances requiring out of county trauel, including
but not limited to any costs involving common carriers (i.e., airplane);
extraordinary costs (i.e., labor charges for cite checking major briefs and
administrative record preparation); and any other agreed upon costs or expenses
related to this matter. Should an account become delinquent by more than sixty
(60) days, interest at the legal rate shall accrue. (See attached list of cost charges.)
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4. IT IS ACKNOWLEDGED THAT no promises have been made
concerning the ultimate result and/or outcome of the above-referenced litigation;
and the payment of attorneys' fees is in no way contingent thereon.
5. SHOLTLD DEFAiJLT BE MADE in the payments provided herein
when due, the entire unpaid balance shall become due and payable.
6. REMY MOOSE MANLEY, LLP, maintains professional liability
insurance for enors and omissions with policy limits of$7 million subject to all
terms, conditions, and exclusions set forth in the policy of insurance. Attorney
shall provide insurance specified in the attached Insurance Requirements covering
claims arising from the performance of this Agreement.
DATED: 1�c v�� 2S , 2014
CITY OF UKIAH
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CITY ATTORNEY
FEE/RETAINER AGREEMENT ACCEPTED BY
REMY MOOSE MANLEY, LLP:
DATED: �.�t� � I_, 2014
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By: � �J/l.ln�- `
SABRINA V. TELLER
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COSTS
EXTRAORDINARY COSTS $50.00 PER HOUR
MILEAGE $ .45 CENTS PER MILE (FOR TRIPS OUTSIDE
SACRAMENTO COUNTY ONLY)
TRAVEL/LODGING/MEALS AS CHARGED
FACSIMILE $1.00 PER FACSIMILE
DOCUMENT RETRIEVAL AS CHARGED
FROM STORAGE
POSTAGE AS CIIARGED
OUTSIDE PRINTING AS CHARGED
OUTSIDE ELECTRONIC OR
FAX-FILING SERVICES AS CHARGED
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INSURANCE REQUIREMENTS
Attomeys ("ConsultanY') shall maintain insurance against claims for injuries to persons
or damages to property, which may arise from or in connection with their performance
under this Agreement.
A. Minimum Scope of Insurance
Covera�e shall be at least as broad as:
1. Insurance Services Office ("ISO) Commercial General Liability
Coverage Form No. CG 00 01 11 85.
2. ISO Form No. CA 0001 (Ed. 1/78) covering Automobile Liabiliry, Code
1 "any auto"or Code 8, 9 if no owned autos and endorsement CA 0025.
3. Worker's Compensation Insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
4. Professional Liability Insurance covering damages which may result
from errors, omissions,or acts of professional negligence by Consultant.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liabilitv: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage. If Commercial
General Liability Insurance or other form with a general aggregate limit
is used, the general aggregate limit shall apply separately to the work
performed under this Agreement, or the aggregate limit shall be twice the
prescribed per accurrence limit.
2. Automobile Liabilitv: $1,000,000 combined single limit per accident for
bodily injury and property damage.
3. Worker's Compensation and Emplovers Liabilitv: Worker's
compensation limits as required by the Labor Code of the State of
California and Employers Liability limits of$I,000,000 per accident.
4. Professional Liability Covera�e: $500,000 combined single limit per
occurrence. If the coverage is an aggregate limit, the aggregate limit
must apply sepazately to the work performed under this Agreement, or
the aggregate limit shall be twice the per occurrence limit.
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declazed to and approved by
the City. At the option of the City, either the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects to the City, its officers,
officials, employees and volunteers; or the Consultant shall procure a bond
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guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
D. OtherInsurance Provisions
The policies are to contain, or be endorsed to contain,the following provisions:
l. General Liabilitv and Automobile LiabiliTy Coverages
a. The City, it officers, officials, employees and volunteers aze to
be covered as additional insureds as respects; liability arising out
of activities performed by or on behalf of the Consultant,
products and completed operations of the Consultant, premises
owned, occupied or used by the Consultant, or automobiles
owned, hired or borrowed by the Consultant. The coverage shall
contain no special limitations on the scope-of-protection
afforded to the City, its officers, o�cials, employees or
volunteers.
b. The ConsultanYs insurance coverage shall be primary insurance
as respects to the City, its officers, officials, employees and
volunteers. My insurance or self-insurance maintained by the
City, its officers, officials, employees or volunteers shall be
excess of the Consultant's insurance and shall not contribute with
it.
c. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers,
officials, employees or volunteers.
d. The ConsultanYs insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
2. Worker's Compensation and Em�lovers Liability Covera�e
The insurer shall agree to waive all rights of subrogation against the City,
its officers, officials, employees and volunteers for losses arising from
Consultant's performance of the work,pursuant to this Agreement.
3. Professional Lia6ilityCoverage
If written on a claims-made basis, the retroactivity date shall be the
effective date of this Agreement. The policy period shall extend from
the termination of this Agreement and for a period of three (3) years
thereafter.
4. All Coveraees
Each Insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except afrer thirty(30)days prior written
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notice by certified mail, return receipt requested, has been given to the
CiTy.
E. Acceptability of Insurers
Insurance is to be placed with admitted California insurers with an A.M. BesYs
rating of no less than A-VII for financial strength,AA for long-term credit rating
and AMB-1 for short-term credit rating.
F. Verification of Covera¢e
Consuttant shall furnish the City with certificates of Insurance and with original Endorsements
effecting coverage required by this Agreement. The Certificates and Endorsements for each
insurance policy are to be signed by a person authorized by that insurer to bind coverage on its
behal£ The Certificates and Endorsements are to be on forms provided or approved by the City.
Where by statute,the City's Workers'Compensation-related forms cannot be used,equivalent
forms approved by the Insurance Commissioner are to be substituted. All Certificates and
Endorsements are to be received and approved by the City before Consultant begins the work of
this Agreement. The City reserves the right to require complete,certified copies of all required
insurance policies, at any time. If Consultant fails to provide the coverages required herein,the
City shall have the right, but not the obligation,to purchase any or all of them. In that event,the
cost of insurance becomes part of the compensation due the contractor afrer notice to Consultant
that City has paid the premium.
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