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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_^ ._.