HomeMy Public PortalAboutAgreement_2009-05-24_Dapeer, Rosenblit & LitvakDapeer,
. e. EN II POSENBI_'T
..eN*;..... _. DAPEER
w tt.LI,v. L.9VA5c.
JAMES C. ECFARI'
ANITA ZUC'KERMAN
PATR7CIA i!. ,ITZGERAI.0
PAU4 X
KENF'E?Y A CHASHI
CARCLINE K. CASTIL3.0
JOCEL.YN CC EZ -
SEAN M. CRONIN
�ACQVELIN= M. DANCE
MARIA S. CHNNG
KEISHUNNA RANDALL
T - ERE NECK
.._n RNCI.) E, ZAHIPI
PAJLt. CLAMUR70
May 24, 2009
A w c F o 1_ _ .. S
Rosenblit & Litvak, LZp
PLEASE DIRECT MAIL TO MPI'POPOLi TAN C_='_TES OFFICE
NEST LOS ANGELES OFFICEJLAUSCN AVEiv:
RL'N'L':NG'I'CN PARK. . A 902,.5.3095
'PE1I4PH0NE 321SS 5',
FACSIMIL2 S69 -a; 9G
FEST LOS ANGELES OFFICE,
,S^0 w. DLYMPIC $LIG-, :.� 550
LOS ANGELES, A 400u -7525
TELEPHONE . ..,-55'5
FACSIMILE 13101 (]%-'C9
Re: California Contract Cities Assoc. vs. Countv of Los Angeles
Dear
This office has previously been retained by the California Contract Cities
Association (the "CCCA") with regard to the disputes arising from the
withdrawal of funds by County of Los Angeles ("County") from the Liability
Trust Fund for purported reimbursement of settlements for the sexual assaults
of a Sheriff's deputy. We have been instructed by the CCCA to proceed with
litigation. We have been informed that your city wishes to participate as a
party plaintiff in that litigation. This letter will serve as authorization to
represent your city in that litigation, and in all related matters, proceedings
and negotiations, and sets forth the terms of our engagement.
We anticipate filing our lawsuit on approximately, June 15, 2009. We will
endeavor to obtain the County's agreement to one-year extensions of the
termination dates for the current law enforCement services Contracts between
he Cities and the County. We will also request that the toiling agree:nerlt
between the CCCA and the Count' with respect to this rnattei he extended to
correspond tO Lilt` new te.rmination date. if the County agrees, we w0l delay
filing of the action pending further discussions with the CCCA and all of t:he°
particileatmg cities. We will also endeavor to resolve this matter- through
mediation.
n vc p_e= IMUS.d Provided to }ou ,n Ci VGUr 011,' s.tio,i ev =h lth our assessmerl,
.. i.. I `.Y ENT-
Re: California Contract Cities Association vs. County of Los Angeles
Mav 24, 2009
Page 2 of 5
of the legal rights of the CCCA and its member cities. We believe that you have
probable cause and a reasonable basis to pursue the litigation. We regularly
review our analysis to take into account new information received. As in all
litigation, it is not possible to be aware of all facts and issues in advance.
Litigation is a dynamic process that can never be predicted fully and outcomes
are never certain. In the event that we learn of information that causes us to
substantially alter our initial view of the matter, we will advise you as soon as
practicable.
We are in the process of preparing a litigation plan and detailed budget which
we will provide to you for your review and approval. While we will edeavor to be
as complete as possible, budgets by their very nature may be subject to change
as the case developments and may be affected by outside forces, such as the
cooperation received from opposing counsel.
In exchange for our services, we will receive payment based upon the time
expended and the expenses incurred. Our professional hourly rates for your
matter will be at our public institution rate of $275.00 for partners and senior
associates, $195.00 for associates; and $65 to $135 for staff and paralegal
time. Time will be billed in 1/ I 01 of an hour increments. In the event that you
request that we provide services on any other matter, we reserve the right to
charge our then applicable public institution rate. As part of our public
institution rate program, we have not requested that you provide us with an
advance fee retainer. It is also agreed the fees shall be due and payable from
the Association regardless of whom will be the beneficiary of the services and
regardless of whether any individual city may be named a plaintiff in any
action filed.
It is our understanding that each of the participating cities shall pay to the
CCCA a pro rata portion of our fees based upon a formula and in a manner
agreed upon between it. The CCCA, who has already contracted to pay all of
our fees in this matter, will be then entitled to use the monies received toward
reimbursement for sums paid or to be paid to our firm for this matter. We will
continue to look to the CCCA for payment and will not participate or be
responsible for fee collection from the individual cites. Presently, that formula
is based upon the ratio of the amount of a city's payment to the Countv for law
criforcernent services compared to the total paid to the County for all law
enforcement services paid by CCCA mernbers. The terms under which the cities
have agreed to share these litigation expenses are recited here for reference
r)urposes only. The cities and the CCCA may, modify or agree to any other
arrangement that they feel appropriate and we shah be deemed instructed to
not inquire or monitor that arrangement,
in tau c�cnt hat thcre is it iIOrCtl an actornc. S fees clause,SCe3i_ _t O`:1
._ rORNEi- n;,PF 7 V1 CED Mul 7."TOC•]
Re: California Contract Cities Association vs. County of Los Angeles
May 24, 2009
Page 3 of 5
basis upon which a claim may be asserted for attorney's fees on your behalf,
we are authorized to assert such right and shall be entitled to demand and to
receive attorney's fees recovered. However, you shall be given credit for any
such attorney's fees actually paid by such third party. In the event the
attorney's fees calculated by statute or otherwise ordered are greater than the
fees actually charged to you, we shall nevertheless be entitled to all such fees
awarded.
This letter relates solely to the representation of your City in the above
referenced action. In the event that we are already representing your city in
other matters, the retainer agreement with regard to those matters shall
remain in full force and effect.
We are specifically authorized to associate any other individual or entity (such
as consultant or investigators) that we feel is necessitated by the
circumstances of this matter, however, to the extent that you will be charged
over and above our usual charges, we agree to get prior approval.
In addition to our fees, you will pay for all costs incurred by this office, whether
they are generated by our office or from a third party provider, including such
items as photocopy. expenses, fax service charges, messenger services, long
distance telephone charges, administrative fees, process service charges, filing
fees, court and deposition costs as may be required. For any services rendered
to us by third parties, you will be charged our actual cost; as for any services
provided by our staff you will be charged prevailing rates, subject to your
approval. Retrieval of public records or materials shall include a $15.00 office
processing fee per search, together with any other related charges pertaining to
matters handled on your behalf. We shall have the right to increase these
charges from time to time to reflect increased overhead incurred to _provide
these services.
Unless another designation is made in writing, Sam Olivito of the CCCA will be
deemed liaison between our office and each of the cities and he will be the
authorized representative of your City with regard to this matter; we shall take
nstructi,ons on how to proceed from him and notification to Mr. Olivito will be
deemed notification to your city. We shall have no obligation to verifv the
lns`�rul:tions We. have been given or to question them unless notified in :l%rit12"1Q
to the contra,v. We will, of course, keep you and your city attorney regularly
nformed as to important developments in the litigation and respond to any
inquiries made.
We firmly
believe
in mantaining close and
open communications with our
_!iients m
order to
spot and avoid
potential
problerns.
Whenever you have
,i,es :ins
ab.u; any
hing than rutty
have poter.a
,i legal.
rari,ricaticns. please
Rc: California Contract Cities Association vs. County of Los Angeles
May 24, 2009
Page 4 of 5
call us. Because we feel so strongly about open and continual communication,
we will generally not charge for brief telephone calls that involve no substantive
work on our part. Obviously, to the extent we discuss your matter or give you
legal advice or if substantive legal services are provided for you, you will be
charged for those services, whether they are accomplished on the telephone or
otherwise.
We shall have a lien on your claim(s) or cause(s) of action and any monies,
property or services collected or received or to which you may be entitled for
the payment of all attorney's fees and costs described in this agreement.
Given that our firm will be representing multiple parties to this matter, we are
obligated to advise you with regard to potential for conflicts of interest between
or among the various participating cities.
The California Rules of Professional Conduct provide the following:
A member [attorney] shall not, without the informed written
consent of each client:
(1) Accept representation of more than one client in a matter in which
the interests of the clients potentially conflict; or
(2) Accept or continue representation of more than one client in a
matter in which the interest of the clients actually conflict; or
(3) Represent a client in a matter and at the same time in a
separate matter accept as a client a person or entity whose
interest in the first matter is adverse to the client in the first
matter.
At this time we are not aware and do not believe that any of the party plaintiffs
are in conflict with respect to the subject matter of this retainer agreement or
otherwise. We further believe, at this time, that any services that we can
reasonably anticipate rendering or that we might be asked to perform in the
future will not result in a conflict H you are aware of any litigation, dispute or
controversy with any of the other participating cities or the COCA, please
advise us immediately. To the degree that there is a conflict or potential for
such conflict, you are authorized by the Association, to waive such conflict and,
by executing this agreement, you are doing so.
We acli novvleage that we have in force professional liability insurance ar,
a inou—t ^,Ot ir.ss than $2,000,1700 We also ag-ee to 'ndcm "fy and defen(i '_-1e
- trot f,V'nt of litigatioT a.rismg fMrr: OU"' enga,gerrient i C. C; %3.l Sf';l fi'':' iLi i"
A"- ..Nr7Y-
Re: California Contract Cities Association vs. Countv of Los Angeles
May 24, 2009
Page 5 of 5
sole negligence.
Please note that all communications with us, including copies of letters and
documents, are only to be on a confidential basis. All communication should
be marked with the phrase "PRIVILEGED ATTORNEY-CLIENT
COMMUNICIATION". The purpose of this is to endeavor at all times to
maintain the confidentiality of the information being exchanged. Likewise, any
and all discussions concerning legal matters should not be related to third
parties or to staff that is not directly related with this matter or to which you
are not obligated to report, as doing so may waive the attorney-client privilege.
And, most importantly, no communication from our office should be placed in
files accessible to the public.
I look forward to the opportunity of working with you and your staff. If this
letter accurately reflects the terms of our retention, please return the enclosed
copy of this letter, signed below.
Very
LIT & LITVAK LLP
Bv: William Litvak
:AGREED:
City of Tp.P-Le._cjrX_
4
B''_..__l=�,y#-- DATED: June —z — 2009
Cathy Burro,%ghs, Intarim/Qity Manager
r
::cap co:a.090 26,vido,
r..7E's - -N P _ GF: J*nM_^ ._.