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HomeMy Public PortalAboutAgreement_2012-05-31_Colantuono & Levin, PC_General Counsel Services to Oversight Board to TC Community Development AgencyColantuono & Levin, PC + J 300 So Grand Avenue, Ste, 2700 Teresa L. Htghsmlth Los Angeles, CA 90071-3137 TMtghsmIth@GLLAW.Us Main: (213) 542-5700 (eta) 54e-5703 FAX: (213) 592-5710 WWW:CLLAW.US May'31, 2012 Oversight Board to the Temple City - Redevelopment Agency Successor Agency c/o Chairman David Jaynes City of Temple City 9701 Las Tunas Drive Temple City, CA 91780 e.. Roo 'flee AVeement to Provide General Counsel Services (o Oversight Board to Temple CRY RDA Successor Amncv Dear Chairman Jaynes and Members of the Oversight Board: I am delighted to have been chosen to represent the Oversight Beard as, your General Counsel and I write to propose a form of letter fee agreement for our fiml to assist the Oversight Board as your General Counsel in all matters pertaining to the responsibilities of the Oversight Board pursuant to AB IX 26. Colantuono & Levin, P.C, ("the firm"} And all of its professionals are very pleased to have the opportunity to assist the Oversight Board in Us way: This letter sets forth the basis upon which we -will provide you legal services acid bill you for services and costs. Because AB 1X 26 requires that all administrative costs of the Oversight .Board, including costs 101: 118 U110M 100s"I esserAgeatey-tahei Temple City ICDA, this fee agreement is made with both the Successor Agency (as the party responsible for the payment) and the Oversight Boated as our elient, subject to the disclosures and consent required by Rule 3-310(0) and (P) of the Rules of Professional Conduct (explained below). If it is acceptable, please have it executed on behalf' of both the City and the Oversight Board and return it to ane, If you have questions of concerns about this form of agreement, please call me at the direct -dial number listed above..:: The firm maintains a conflict of interest index which lists all clients of our firm and matters in which we represent them. We will not represent any party with an interest that may be adverse to an indexed person without first determining if a professional conflict of interest would arise. We propose to index the following names with respect to this matter: .±rF t 110016.1 Oversight Board to the Temple City RDA Successor Agency May 31, 2012 Page 2 Client -affiliated paries; OversightBoard to the Temple City RDA Successor Agency Los Anggles County aW^si$les GountC anseliFlatedis� �rotesllon Distri Los Angeles County Community College District .. ..._ ... Tomple City Unified School District —Adverse parties:--- - — :—Cityof-Temple City ir-its-capacity-as,Stice sso-Ageney.to. —.--.- — -- -- the Temple City Redevelopment Agency Temple City Redevelopment Agency We have listed the City of Temple City, in its capacity as Successor Agency, as an adverse party because the Oversight Board has approval authority over the Successor Agency's Recognized Obligation Payment Schedule and disposal of other former RDA assets, which may impact City of Temple City funding and former RDA asset retention, Please let me know if list.that we should su h asarties who ma have an interest in receipt of RDA funding. Unless we hear from you to the contrary, we will assume that the above listing is accurate and complete. We have reviewed our files and our conflicts index and have no other client relationships which would interfere with our ability to represent you in this matter. Because AB 13C 26 requires the admiiistrative costs of the Oversight Board to be paid by the Successor Agency, and therefbM the City of Temple City is to pay our bills directly, our obligations under Rule M 10(})will be implicated. That rule states: A member shall not accept compensation for representing a client from one other than the client unless, (1) There is no interference with the member's independence of professional judgment or with the client lawyer relationship; and r.: (2) Information relating to representation of the client is protected as required by Business and Professions Code section 6068, subdivision (c).... We see no difficulty in complying with this rule, as our work will be for the Oversight Board,, we will take our direction from the Oversight Board and preserve its secrets, and will not view the City of Temple City in its role as Successor Agency to the :former Temple City RDA as our client for this representation By signing where indicated below, the Oversight Board agrees: (i) to retain us to represent it as provided in this letter, and (ii) to our acceptance of payment from the City of Temple City in its roto as Successor Agearr JAtb the former Temple City RDA. The Oversight Board should consider the pros and cons of.granting this request, The pros include access to our representation as your General Counsel regarding all your obligations and authority pursuant to AB IX 26 and any amendments. The cons include the perception, that we may have divided } Oversight Board to the Temple City RDA Successor Agency May m 2012 Page 3 loyalties. We believe we can effectively represent you in this matter as we do not currently represent the City of Temple City. This, however, is a judgment the Oversight Board must make for itself. You should consult independent counsel, including counsel for your appointing agencies, if you feel the need for legal advice on this point. If we can provide further information to assist your consideration of IluA:rcquest, please let me know. _ rrr Althou h we anticx ate that your Louth needs .11 for Ie al services wall g p y g not exceed 10 hours per month, the nature of the matter makes it impossiblefor us to guarantee the total fees that may be incurred on this matter, although we will make every effort to -represent you, as efficiently as possible. You will receive monthly statements informing you of the fees and costs W ncurred during the prior month. I will have primary responsibility fon your representation, and the firm 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 let me know. Natmally, we expect you to keep' us reasonably informed of 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 statement for fees is simply the product of the hours worked multiplied by the hourly rates for the attorneys and legal assistants who did the work. We bill in inoreinems of 1/10 of an hour.'_ Our hourly rates are based upon the experience, reputation and ability of the, professional performing the services and for 2012 range between $175 and $425 per. Hour for attorneys' time, and between $110 and $145 for the time-gSparalegals and legal assistants, however, we will agree to represent the Oversight Board at Oil per hour .for the transactional (non4itigation) services of any of our attorneys, with''a''monthly cup of $30000 for all transactional (nom - litigation) services. We will not charge you travel time to attend mcohngs of the Oversight Board, In the unlikely event that the Oversight Board becomes involved in litigation, we agree to provide litigation services at our standard rates which the will cap at $300 hour, as a professlonal courtesy to you. Our rate structure in general and the rates of particular lawyers may be increased from time to time, and are usually adjusted as of the beginning of each calendar year. u It may be necessary to bill you for items such as, `but not limited to, authorized travel, long-distance telephone calls, authorized mileage at the IRS rate, filing fees, photocopying, word processing, secretarial overtime, computerized logal research and the like. These items are separately itemized on our statement as "disbursements." Those amounts will be billed in addition to our professional fees. We will send you monthly statements, and expect payment within 30 days of the billing date. If payment is not received within 45 days of [he billing date, we reserve the right to charge interest on the unpaid balance at the rate of one percent per month and to 'terminate our representation., Itrr, iraoas,r Oversight Board to the Temple City RDA Successor Agency _ May 31, 2012 Page 4 We rarely have disputes with clients over our fees. Nevertheless, you should be aware that you are entitled to xequire that any fee dispute be resolved by binding arbitration in Los Angeles County pursuant to the arbitration rules for legal fee disputes of the Los Angeles County. Bar Association. We agree that all disputes between us regarding the services rondercd or fees charged not resolved via County Bar fee arbitration will be submitted to binding arbitration in Los Angeles to be conducted by JAMS in accordance with its commercial arb fxation rule$$,. TOU SHOUI,A REV41EW'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 OF1 A .DISPUTE BETWEEN US, INCLUDING THE RIGJ i,TO A JURY TRIAL. kj You have the right to tenninate ou$'fDrepresentation 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 as quickly as possible and to cooperate fuily in the substitution of the new counsel as counsel of record in any litigation in which we may subsequently agree to be involved. Notwithstanding the termination of our fePreamte I apologize for the formality of thisJetter, but we are required by California law to provide this information to you: in writing; We are also required to inform you that we currently P.q"u nrn,&..vM7nn1 tiahili+v Please review the foregoing and, if it meets with your approval, have a copy of this letter executed on behalf of the Successor Agency and the Oversight Board and returned to me by fax and in the enclosed envelope. If you have my questions, please feel free to call meat the direct~ dial nuiober above: We look forward to representing you. Thank you for the opportunity to do so l Verb truly yours, Teresa L. Higbsmith TLH:tIh Enclosures (duplicate original and returnonvelope) i16otGa !Vitt• Oversight Hoard to the Temple City RDA Su'eeessor Agency May 31,2012~ Page 5 On behalf of the Oversight Board to the Successor Agency of the former Temple City Redevelopment Agency, I hereby agree to: (i) retain Colantuono & Levin, P.C. ("the firm') to provide legal services to the Oversight ward, as client, as described above; and (ti) consent to the former Temple City RDA. `" By: David lay Title: Chair, Oversight Board to the Successor Agency of the Temple City RDA On behalf of the City of Temple City in its capacity as Successor Agency of the former Temple City Redevelopment Agency, I hereby agree to: (i)) the retention of the Colantaono & Levin, P.C. ("the firm") by the Oversight Board to the Successor Agency of the former Temple City evelopent Agen `' Redovelopment Agency will be responsible'foi the payment of such services but will not be a client of the firm with respect to the services provided to the Oversight Board. By: Jos P o Title: City M lager, City of Temple City in.its capacity as Successor Agency of former Temple CityRDA