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HomeMy WebLinkAboutDay Carter & Murphy, LLP 2021-07-20; Amendment 1 2024-02-15■3620 American River Dr., Suite 205 Sacramento, CA 95864 T: 916.570.2500 ■daycartermurphy.com ■Ann L. Trowbridge atrowbridge@daycartermurphy.com February 15, 2024 VIA EMAIL Sage Sangiacomo City Manager City of Ukiah 411 West Clay Street Ukiah, CA 95482 Re: Engagement Letter – Electric Utility Services Dear Mr. Sangiacomo: Pursuant to California Business and Professions Code Section 6148, our firm is obligated to execute a written fee agreement with City of Ukiah, and it is the purpose of this letter to satisfy that obligation. This letter amends and restates the July 20, 2021 engagement letter (“July 2020 Letter”) between the City of Ukiah (“City”) and Day Carter and Murphy LLP. The July 2020 Letter authorized work relating to electric service area matters. This amended and restated engagement letter provides that the City is engaging Day Carter and Murphy LLP to work on various City Electric Utility matters as described below. The City is hiring Day Carter & Murphy LLP to provide consultation and advice relating to the provision of services by, and operations of, the City’s Electric Utility and related matters. We shall provide those legal services reasonably required to represent the City. We shall also take reasonable steps to keep the City informed of significant developments and to respond to its inquiries. We will charge by the hour at the prevailing rates for the time our legal personnel spend working on City matters. I will be primarily responsible for this representation, and my billing rate is $450 per hour. Other attorneys who may work on your matter bill at rates from $250.00 to $450.00 per hour. Our rates are subject to periodic change. We will inform the City of any changes in our hourly rates. The City agrees to pay for our legal services at the prevailing rates, provided we notify you of any changes in rates prior to billing any work at such new rates. Our legal personnel bill in minimum units of 0.10 hours (6 minutes). The City will not be charged for any inquiries which concern its billings. The Cit y will be charged for all other telephone calls including those made to or received from opposing counsel. The City will be charged for all interoffice conferences by each involved timekeeper. We will also charge for waiting and travel time. Contract #2122-081-A1 Sage Sangiacomo Electric Utility Director City of Ukiah February 15, 2024 Page 2 4872-5405-5333, v. 1 The City agrees to pay for costs and expenses we may incur, in addition to the hourly charges for services rendered by our legal personnel. Such costs commonly include, phone, fax, mail, photocopy, messenger, computerized research and document filing charges. The firm, at its election, may impose late fees or interest on delinquent accounts to the extent allowed by law. We will send the City a statement for fees and costs on a monthly basis. Our statements will clearly show the unpaid balance and include a quantified calculation of fees by entry and time. All costs will be clearly identified and quantified. We agree to comply with the attached insurance requirements of the City. The City may discharge us at any time. We maintain errors and omissions coverage applicable to the professional services to be rendered to the City pursuant to this engagement. Upon termination or conclusion of our services, all unpaid charges shall immediately become due and payable. We acknowledge our obligation, upon the City’s demand, to deliver to the City its files and other materials created as a result of our representation. We have made no express promises or guarantees to the City about the outcome of the City’s matter, nothing in this letter should be construed as such a promise or guarantee. Pursuant to Subsection C of Section 6148 of the California Business and Professions Code, we can still collect reasonable attorney fees services rendered even if the City fails to sign and return this letter. If the City is in agreement as to the provisions contained in this letter, please sign the acknowledgment at the bottom of this letter and email a signed copy to our office. Please do not hesitate to contact me if you have any questions. Very truly yours, DAY CARTER & MURPHY LLP Ann L. Trowbridge ALT:cb Sage Sangiacomo Electric Utility Director City of Ukiah February 15, 2024 Page 3 4872-5405-5333, v. 1 AGREED TO AND ACCEPTED: City of Ukiah By: Date: Feb 26, 2024