HomeMy WebLinkAboutColantuono, Highsmith & Whatley, PC - 2014 CDU. No . �'i!S- Oq9 II
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� Colantuono, Highsmith & Whatley, PC
1 1364 Pleasant Valley Road �
Penn Valley, CA 95946-9000
Michael G Colantuono Maln: (530) 432-7357
MColantuono@chwlaw.us FAX; (530J 432-7356
. (530) 432J359 WWW.CHWIAW.US
VIA E-MAIL AND U.S. MAIL
David J. Rapport, Ukiah City Attorney �
Rapport and Marston
405 West Perkins Street
P.O. Box 48
Ukiah, California 95482 '
Re: Representation of Ukiah re Detachment of Part of the Ukiah Valley
Sanitation District from the City of Ukiah I
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Dear David:
As you asked, I write to propose the terms under which we agree to represent ��!
d1e City of Ukiah ("you" or the °City") regarding proposed detachment from the City
of Ukiah of the portion of tlZe Ukiah Valley Sanitation District that lies within the City.
This will be our sole project for yotr, if we can assist you on other matters, please let me
know. Colailtuono, Highsmith & Whatley, PC �nd all of its professionals are very
pleased to have the opportunity to represent you in this matter.
This letter sets forH� the basis upon which our firm will provide legal services to
you and bill you for services and costs. The firm maintains a conflict of intemst index
this lists all clients of our finn and matters in which we represent them. We wi!1 not �
represent any party with an interest that mav be adverse to an indexed person withotrt
first determining if a professional conflict of interest would arise. We propose to index
the following with respect to this matter:
� Client-Affiliated Parties:
City of Ukiah
I Adverse Parties:
Ukiah Valley Sanitation Uistrict
Mendocino County Local Agency Formation Commission �
County of Mendocino. �I
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David J. Rapport Esq. i
� City of Ukiah �
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� Please let me know if any of these names are incorrect or if there are other parties '�
with an interest in this matter that we should list such as, for example, any resident or
property owner of tlze detachment area expected to oppose the detachment. Unless we
hear from ou to the contrar we will assume that the above listin is accurate and
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coinplete. ,
We have reviewed our files anci our conflicts index and have no other client ��
relationsllips which woulcl interfere with our ability to represent you in this matter.
As we have discussed, the nature of the matter makes it impossible for us to
precisely estimate the total amount of fees you may incur. You will receive monthly
statements informing you of the fees and costs incurred during the prior month. 6Ve �
will, of course, do our Uest to represent you efficiently and without undue expense.
Please make payments payaUle to Colantuono, Highsmith & Whatley, PC to our
Penn Valley office at
Colantuono, Highsmith & Whatley, PC
11364 Pleasant Valley Ro�d �
Penn Vallcy, CA 95946-9000
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Our federal employer identification number is 75-3031545. I
I will have primary responsibility for your representation, �nd the 6rin will use �
other attorneys and legal assistants in the best exercise of our professional judgment. If
at any time you have questions, concerns or criticisms, please contact me at once.
Naturally, we expect you to keep us reasonably informed of all significant
' developments in matters relating to this representation. ;
We review all statements before they are issued to ensure that the amount
charged is appropriate. The statetnent for fees is simply flze product of the hours
worked multiplied by the hourly rates for the attorneys and legal assistants who did the
Iwork. i
Our hourly rates are based upon the experience, reputation and ability of the i
lawyer or legal assistant perfarming the services, and for 2014 range between $195 and
$450 per hour for attorneys' time, and between $125 and $160 for the time of paralegals '�
and ]egal assistants. As a courtesy to you, however, we agree to cap our rates �t $325 per ,
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David J. Rapport Esq. I�
City of Ukiah
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hour for advisory services and at $350 per hour for any litigation in which we may
subsequently agree to represent the City. Our rate structure in general and the rates of
particular lawyers may be increased fi-om time to time, and are usually adjusted as of ,
� the beginning of each calendar year. '
It may be necessaiy to bill you for items such as, but not limited to, authorired i
travel, long distance telephone calls, filing fees, photocopying, computerized legal
research outside the scope of our Westlaw contract and the like. These items are
separately itemized on our statement as "disbursements." These amounts will be billed
in addition to our fees. �
We will send you monthly statements, and expect payment withiil 15 days of the
billing date. If paymei�t is not received within 30 days of the billing date, we reserve the �
right to charge interest on the unpaid balance at the rate of 1% per month and to I
terminate our representation. I
We rarely have disputes with clients over our fces. Nevertheless, you shotiild be
aware that you are entitled to require that any fee dispute be resolved by binding
arUitration in Los Angeles or Nevada Counties pursuant to the arbitration rules for legal
fee disputes of the respective County Bar Association. We agree that all disputes
between us regarding the services rendered or fees charged not resolved via County Bar
fee arbitration will be submitted to binding arbitration in Sacramento to be conducted
by nDR Seivices, Inc. in accordance with its commercial arbitration rules. YOU
SHOULD REVIEW THIS PARAGRAPH CAREFULLY AND, IF YOU WISH,
SEEK INDEPENDENT LEGAL COUNSEL REGARDING IT, AS YOU AND WE
ARE AGREEING TO FOREGO SIGNIFICANT RIGHTS IN THE EVENT OF A
DISPUTE BETWEEN US, INCLUDING THE RIGHT TO A JURY TRIAL.
You have the right to terminate our representation at any time. We have the same
right, subject to an obligation to give you reasonable notice to arrange alternative �
representation. In either circumstance, you agree to secure new counsel to represent you I
as quickly as }�ossible and to cooperate fully in the substitution of t11e new counsel as
counsel of record in any litigation in which we may subsequently agree to represent the
City. Notwithstanding the termination of our represent�tion, you will remain obligated
to pay to us all fees and costs incurred prior thereto. I
You agree that we may, in our discretion, maintain all or part of your client file in
electronic format. You also agree that following termination of our attorney-client
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David J. Rapport Esq. �
City of Ukiah
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relationship, �ve will not be required to maintain your client file for more than two
years. If you ask us to deliver your file to you, you agree that delivery of an electro�lic
veision, together with any materials that cannot be saved electronically, satisfies our
oUligation to release all your client papers and property to you. Two years after
termination of our relationship, and after reasonable notice, you agree that we will be
free to destroy your client Eile, including all electronic records. We may also discharge
our obligation to maintain your file befare two years elapse by mailing a copy to you at
yoiu� address last known to us. You agree that "reasonable notice" means our mailing a
notice of our intent to destroy your client file to you at H�at address.
We agree to be bound by the attached insurance provisions which are the City's
st�ndard insurance terms, omitting the required waiver of subrogation by our workers
compensation carrier.
I apologize for the fonnality of this letter, but we are required by California law I
to provide H�is inforination to you in writing. We are also required to inform you thaY i
we currently maint�in professional li�lbility insurance coverage.
Please review the foregoing �nd, if it meets with your approval, execute it and
return it to me by fax, m1i1 or emaiL If you h�ve any questions, please feel free to call
me at the direct-dial numUer above. Thank you for the opporhinity to represent you!
Very truly, urs,
�-�
�Michael G. Colantuono
MGCmgc
Eilclosures (duplicate original and return envelope)
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izi�,au i
David . Ra ort Es . I
J pp q
City of Ukiah �
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On bellalf of the City of Ukiall, I agree to retain Colanhiono, Highsmith & Whatley, PC
to provide legal services as set forth aUove. I
Date: �i�lr 2014 '
Signature
��t% �/�'.813?��%�� I
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Title: (��i��
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INSURANCG REQUIRF.MEN'PS
' Auome��s (°Cunsult�mi') shall maintufn insiirnncc agninsl cluinu fin- inl��ries to persons or �
Jumagcs m property. �vhich ma�� arisc from or in connuction wi[h thcir perl'ormancc undcr this
I Agrecmcnt.
A. Ylinimum Seone of[itcurance
Coczragc shall bc at Icast as broaJ as:
I. Insuranee Serrices Oflice ("ISO) Cominercinl General Liability Coacrage Ponn �
i K�o.CG 00 01 I I S5.
2. ISO Form No. C.\ 0001 (Gd I/78)cora�ing Aulomobile l.iability. Code I 'Ymy
nuto"or Code 8.9 ifno m��nui aums unJ endorsement CA 002�.
� 3. U'orker's Compcns�tion hisurance as rcquimJ hy thc Labor Cotle of lhc St�tc of I
C.difomia and P:mploycrs Linbiliry Insmroncc. �
4. Professional Linbiliq� Insw�ance wecrin�damu@es�chich m:p�result �}om e�rors. �i
I omissions,or ects nf prol'ossional negli�cncc by Consultant.
U. Minimunt Limits of Insurunce
� Consultanl shall mainu�in limits no less thun:
L General I.iubilitc: $I 1100.000 combined sintic limit per occurrence ibr bodily ��
injun�. peronal injurc and properq� damage. II Conunercial Gencral Liability
Insurencc or olhcr fi>rm wilh a@cncral aggrcgatc limit is used, lhc gencral
' uggrcg,uc limit shall upplc scpumtcly to thc �curk perfurmcA under this
AEreemem, or lhe aggre@atc limit shnll be t�riu Ihc prescrihed per uwurrcnce
IimiL
3. nutomobilc Li�bil�: SI.000,000 combined singlc limit per uccidcnt for budil}'
- inlury und properl)�dmnagc.
3. Worker's Comocnsauun und P:mrlo��a�s Liability: Workci's compensalion limits
as requircd by lhe Labor Code of the Statc of Cali(orni,i und 1linploycn Liubilily
� limits uf�LOOO.U00 per accidcnt.
d. Profcssional Liu6ilin�Cu��craec: $i00.U110 com6ined sin@Ic Iimil per ucwrrcnce. �
II tho coverage is tm aggrceatc limit.ihe uggre�ute Ilmit musl applc,epamtel��to
thc �vork performad undcr ihis Agreemcn[. or the aegrcgatc limii shall be twicc
� thc per ocaurencc limit.
� C. Dcduclihlc_a�A Scl6lnsurcd Rcicnlions
Any deductiblcs ur sell�-insurcd retcntiuns musl M1e dedared to lind approveA 6y lhe City.
nt the option of the Cily. cither the insurer shull rzduce or eliminate such deductibles or
sclGinsw'ed reicntions u� respects to lhe Ciic. its ol�ccrs. �fficial�. emplo�'ees nnd ..
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volunteers: or the Considtunt sh�ll procurc a bond guarantceing puyment uf losscs and �,
minlcd inres�igatiuis,claim adminis4'ation and dcicnse e.�pcnses. i
U. Olhcr Insi rnnce Pruc�sions �
The policies are to contain,or be enJmsed lo conluin.the followinE provisions:
I, Gcncral I,inbilin���iJ Auto�nobilc I iabililv Covcraeca
a. The Ciq�, il o(Ci�tiis, officiuls, emplocces and voluntecrs are to bc
covored �s addiliunal insureds :u respecls: liability �rising out of
activities ��crlonncd by or on bchalf of ihc ConsulLanL products tmd
completcd operF�tions of Ihe Con.id[anL premiscs owned. occupicd or
us'ed by Ihe Cunsultunt.or:mtamohiles o�cned,hireJ or 6on'owcd by the
Cun.ultanL The cuverage shall conuiin nn speciril limitations on the �
scopc-oFprotcction:i(fordcd to thc City.ils uCfcers.ufticfals.entpluyees
or ruluntccn. ��
b. lim Consult:mt's insurancc coecrngc shull be primary in,urence as ��
respects tu Ihe City, its oflicers, ol(icials, cmployees and voluntecrs. .
An�� insw�uncc or sclf-insurancc muintuincd b} thc Cit}, its ol'liccrs. '
oflicials. employees or ��ulunteers shall be ccees� uf qie Consull:mCs ��
insurancc mid shall not contributc��ith it.
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e. Anc f;�ilurc «i compl���eith reporting provisions ul lhe policies shall nut
:�flcct cocer;ige pru��ided fo Ihe City. its ollie.ti�s, ofiicials.emptnyees or
vulunteers.
d. The Consull:mCs i�uurance shull uppl}�sepurattcly tu cech insured ugainst �
�rhom claim is m,iJe or suit i,brought,escept �cith respecl to[hc limi[s
of thc iosurcr's liabilitv.
2. ala+rActi4.-E.m�pcv+.x+im�-nrj�4-lir�{rn�rr.+tahrFH+k:errtmx
-�'H�`+��1FrF-�M�-nx�'•T^--:R*.cFl�-4'H�H�:-��4-titi4»v!wfNHIFU�:ttw:t-4�c-.��+-eF{i��rr�:� Formatted:Inden[:Le![: 1",Hanging; l.5",
�-rlJi.vtt4r.-cvti��lr.tee�-:t�{-1�„a,:.�c,v,�,�i�.�c:�HH.;���h,�� 7absmps: t.5",Lett
E-„ti.hltw�t:-y�v4i+mrer�ea-�+F—f{i��:-:,,u.;r�.T1(�i. — —
.a-,reri��rN,Rcsir�eJ.
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I3. Profcssionul I.iabilitv Covcruec
I(o�rittcn on a clt�iin>-madc hnsis,thc retrunctivity dute shall be thc cffcctivc date �.
of this Agreemen� �I�he pulicr periad shnll c�tend I}om Ihc terminntion ol Ihis
A�rcttment nnA for a period uf thrcc(3)cenrs therealicr.
d. All Covcraecs
Ench Insuranee pnlicy �roquired bp this clmue shafl be undursed lo siate that
covcruge shall nol bc suspcnded, voidad, cnncelcd by eilhur parl��, rcAuccJ in
coeera�e or in IimiG e.�cept alicr thirty(i0)Jnys prior mritlen no[ice b}'ecrtilied
mail,rcturn rcccipt rcqucstcJ.has bccn giccn to thc City. i
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I'. Acceplabilitvoflncurerti �
Insurancc is to bc placcd �rith admiucd Calitbrnia insivcrs�cith,m A.M. Bcst's rnting o(
no less thnn A-VII Ibr finnncial strength,AA Ibr long-lerni credit rating and AMDJ Cor
shon-tc�m crcdii rating.
I'. Vcrifcqtipno(Corcra�e
Consull;mt shall furnish thc City�cilh cenificatcs of Insurnncc and�vitli ori@inal FnJorsmncnls e�7�ccting
coveru@e mquircd by this n@recmenL The Cerlificates and Gudnrsemenis lor euch insuronce polic}'are to
be signcd by a person nulhurized bp lhat insurcr lo binJ co��ern@c on its bchalf. I hc Ccrtifculcs anJ
Gndorscmcnts urc to bc nn lor�ns prorided uraipprovcd b}thc Cily. Whcrc by swLUlc,thc Cit��s Workcrs'
Compensutinn-rcla[ed forms canuol be useJ.cyuivulcnl lonns�ipprowd b���he Insurance Commissioner
ure lo hc subslitulcd. All Certificalcs and ICndorscmcnts are to 6c rcccivcd.md appruvcd by thc City .
be(ore Cansuhunl begins thc�vork ul ihis AprcemcnL �fhe City reserec>Ihc right tn iequirc cuntplelc.
certificd coples ul all reyufred insurancz policies,at eny time. If ConsiJlant(ails tu providu the covernges
requlrcd hercin.the City shall havc tha righL bul not lhc obligutiun,m purdiese eny or all o(them. In that
event.thc co,t ol insurnncc bccomcs purt of the compcnsation duc thc cuntrnctor aller noticc to
Consultant th:n Cit}�has paid[hc prcmium.
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