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HomeMy WebLinkAboutAgr 2008-07-02 (Bingham McCutcheon LLP) Boston Hartford Hong Kong London Los Angeles New York Orange County San Francisco Santa Monica Silicon Valley Tokyo Washington Bingham McCutchen LLP Suite 210 1333 North California Blvd PO Box V Walnut Creek, CA 94596-1270 925.937.8000 925.975.5390 bingham.com 00 ~u~ ~}2~8 ~ @ TOWN AITORNEY'S OFFICE TOWN OF llliiURON Stephen L. Kostka Direct Phone: 925.975,5312 stephen.kostka@bingham.com Our File No.: 0000333258 June 11,2008 Ann R. Danforth, Esq. Town Atton1ey Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Re: TernlS of Engagement - Paradise Drive Area Prezone Dear Ms. Danfmih: It is our finn's practice to confinn new client engagements with a written engagement letter. This letter confirms our engagement to provide legal representation to the Town of Tiburon regarding the above-referenced matter. This letter describes the services to be perfonned, and the tenns of that engagement. We have been engaged to provide legal advice and assistance to the Town of Tiburon regarding CEQA compliance for the proposed Paradise Drive Area prezone. Our representation, as set fmih in this letter, is of the Town of Tiburon, and we are not undertaking to represent any individual officer, director, shareholder, or employee of the Town of Tiburon, or any persons interested in the proposed prezoning. The Town of Tiburon will be our only client on the matters set forth in this letter. Our services for this engagement will be provided at our n0l111al hourly rates, which range from $285 to $750 per hour, depending on the attonle~! I}foviding the services. Any work undeliaken by clerical and paralegal stafT will be billed at their standard hourly rates which range from $80 to $245 per hour. I will be the attorney primarily responsible for this work. My hourly rate is $750. Our hourly rates are nonnally reviewed and revised each January, but may sometimes be revised at other times. If our hourly rates change, then services provided after the date of the change will be provided at the rates in effect at the time the services are perfonned. Our statements for services will include, in addition to our time charges, our charges for out of pocket expenses incUlTed on the Town of Tiburon's behalf. Such expenses ordinarily include our customary charges for copying, document printing, outgoing fax services, telephone calls, postage, messenger services, computerized legal research services, travel expenses, and all other costs and expenses paid or incuned by us on the client's behalf. A copy of our current charges for such disbursements is attached. Bingham McCutchen LLP bingham.com Ann R. Danforth, Esq. June 11,2008 Page 2 We customarily bill on a monthly basis, and payments are due within thiliy days of receipt of our billing invoice. Our obligation to provide continuing representation is conditioned upon timely payment of our invoices, subject to the applicable rules of professional conduct. No results in this matter have been guaranteed to the Town of Tiburon by us, and this agreement is not based on any promised or anticipated results. We both recognize that the Town of Tiburon has not asked our finn to provide legal advice or consultation beyond the specific request described above. We will, of course, be happy to discuss providing such additional legal services as you may request from time to time and will provide you with written confinnation of any such additional engagements for which you retain us. We wish to point out that, as a large law finn with a diversified legal practice, we are often called upon to represent clients in many fields and with different interests. We agree that we will not represent any other client or prospective client in matters which are related to, and adverse to, those for which we have been engaged by the Town of Tiburon without the Town's consent. At the same time, by accepting this letter, the Town of Tiburon consents to our representation now and in the future of any client on matters unrelated to our engagement for the Town of Tiburon as set fOlih in this letter, even if that representation is adverse to the Town of Tiburon and whether or not litigation adverse to the Town of Tiburon is contemplated. We look fOlward to a productive and enduring relationship. It is understood, however, that either the Town of Tiburon or we may terminate our representation at any time, with or without cause, at which time all fees and expenses associated with our representation will be immediately due and payable. We do not anticipate having any disagreement with the Town of Tiburon about the quality, cost or appropriateness of our services, but if any concen1S about these matters arise, please notifyus immediately. We will endeavor to resolve any disagreement in a fair and amicable manner. If it is not possible to resolve the disagreement ourselves, then each of us agrees to resolve any dispute or claims between us, including any relating to our fees or the quality or appropriateness of our services, by binding and confidential arbitration under the auspices and applicable rules of JAMS or the American Arbitration Association (AAA), whichever the Town of Tiburon prefers, in San Francisco, California. Such arbitration will be conducted by a single arbitrator, to be selected by mutual agreement or in accordance with the applicable rules. Each of us understands that, by agreeing to arbitrate any disputes between us, we are giving up rights, including our rights to a trial by jury, to the broader discovery permitted in court proceedings, and to appeal. It is understood and agreed, however, that this agreement to arbitrate is subject to and without waiver of the Town of Tiburon's right to elect to resolve any fee dispute in accordance with the fee arbitration procedures of the State Bar of California. In the event any such State Bar fee arbitration does not resolve the matter, we both agree to submit the dispute for final resolution by private arbitration before JAMS or AAA as set f011h above. Bingham McCutchen LLP bingham.com Ann R. Danforth, Esq. June 11, 2008 Page 3 At the completion of this matter, the Town of Tiburon may elect to take possession of the matter file. If you do not elect to take possession of the matter file at that time, we will close the file and retain it on premises or in off-site storage for a period of not longer than ten years. At the end of that period, the matter file will be destroyed, unless we have been otherwise instructed to deliver the file to you. If the matters set forth in this letter are acceptable to the Town of Tiburon, please sign and date this letter where indicated below and retunl the original to me. We thank you once again for seeking our assistance on this matter. THE TERMS OF REPRESENTATION SET FORTH ABOVE ARE HEREBY ACCEPTED. TOWN OF TIBURON ~~/~ ~ Ann R. Danf0l1h, Esq. Town Attornev t !J!O ~ By: Date: