Loading...
HomeMy WebLinkAbout08/17/1999, C2 - CONTRACT WITH HATCH AND PARENT FOR LEGAL SERVICES RELATIVE TO SALINAS RESERVOIR WATER RIGHTS PERMIT. council J Au . 17, 1999 j agenda �zepont c2 CITY OF SAN LUIS OBISPO FROM: John Moss, Utilities Director Prepared By: Gary W. Hen rson, Water Division Manager SUBJECT: Contract with Hatch and Parent for Legal Services Relative to Salinas Reservoir Water Rights Permit. CAO RECOMMENDATION By motion, (1) Approve the contract with Hatch and Parent for legal services relative to the City's water rights permit for Salinas Reservoir for a total compensation not to exceed $30,000, (2) Approve an additional $10,000 for contingencies and authorize the Utilities Director to increase the maximum compensation to include the approved contingency or a portion thereof if additional work is necessary above the current identified scope of services and, (3) Approve advancing project funding identified as second year CIP project funding for this project in the amount of$40,000. DISCUSSION The City's water rights permit (#5882) for Salinas Reservoir was issued by the State Water Resources Control Board(SWRCB)on June 4, 1941 for diversion and storage of up to 45,000 acre feet per year of water from the Salinas River. Water rights permits are issued for a period of time (typically up to 10 years)to allow the permittee the ability to put the water to full beneficial use. Once the permittee has used the maximum amount of water allowed by the permit,they can request a"license"for that amount. Since the gates were not installed during the original construction,the maximum permitted storage has not been accomplished and the City has requested numerous time extensions to our permit This is a common practice for municipalities that are not using their full permitted water rights but will need the water to meet future growth within the community. In 1991,the City requested a ten year time extension for our permit from the SWRCB. The time extension request was publicly noticed and one protest was received by the SWRCB during the formal protest period. The protest was filed by the California Sportsfishing Protection Alliance (CSPA)which claimed potential impacts to downstream fishery resources. The resolution of the protest will require a hearing before the SWRCB. Preparation for the hearing will require coordination with legal counsel and the consultants that prepared the analysis relative to downstream flow impacts,biological resources,etc. The law firm of Hatch and Parent has provided legal services to the City of San Luis Obispo for many years on issues involving water. Scott Slater and Robert Saperstein will provide the primary services under this contract and both specialize in the area of law relative to water rights. Scott Slater will act as the lead in the presentations at the SWRCB hearing. Both attorneys have been involved for many years with the City's Salinas Reservoir Expansion Project and have a thorough C2-1 Council Agenda Report-Contract with Hatch and Parent Page 2 understanding of the issues which will be considered before the SWRCB. Scott Slater has been involved in numerous hearings before the SWRCB over his career and is recognized throughout the State for his technical expertise and knowledge. The firm of Hatch and Parent is prepared to meet the tight time schedules which will likely be required for this project The successful resolution of the protest to the City's water rights permit is a very critical issue and staff believes that the firm of Hatch and Parent, and in particular Scott Slater,is the appropriate choice to represent the City's interests at the hearing. ALTERNATIVES ■ Use in-house staff resources. The law relative to California water rights is very complicated and requires specialized expertise in this area. The City attorney's office provides services to a wide area of law relative to city government,but does not specialize in this area of law. In addition,.the work load associated with preparation for the SWRCB hearing will be extensive and assumption of these additional workload responsibilities would have impacts in other areas which would not be acceptable. Therefore,this alternative is not recommended. ■ Contract with another legal fum This alternative would require addition staff time to bring a new law firm up to speed on all the issues involved with the project. This alternative could jeopardize the City's ability to adequately prepare for this critical hearing and is therefore not recommended. FISCAL IMPACT Approval of the contract with Hatch and Parent will provide for compensation for a total sum not to exceed$30,000. An additional$10,000 is requested for contingencies for services which may be necessary but are outside the current scope of work. Funding for this project will be provided from the Water Fund. The Salinas Reservoir Expansion Project is identified in the 1999/01 Financial Plan, Appendix B on pages 63-67. The available funding identified in the budget has been encumbered for studies and services provided by URS Greiner Woodward Clyde which was approved by Council on July 20, 1999. The $40,000 total appropriation will need to be provided from the 2000-01 budget This will require approval to bring funding forward from the second year of the financial plan in the amount of$40,000. $538,800 will remain available in the 2000-01 budget for completing the additional design work associated with the next phase of the project Attachment- Consultant Contract Agreement for Legal Services with Hatch and Parent 2 C2-2 AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT is entered into this_day of September, 1999,by and between the CITY OF SAN LUIS OBISPO, a charter municipal corporation of the state of California (hereinafter referred to as the "City"), and HATCH AND PARENT, a law firm (hereinafter referred to as "Counsel"). The parties hereto mutually agree as follows: 1. Scone of Service. Counsel shall perform such legal services (including litigation and consultation services)for the City as may be requested from time-to-time by the City Attorney or his designee in connection with the request for a time extension for the City's water rights permit for Salinas Reservoir which will require a hearing before the State Water Resources Control Board. 2. Time of Performance. The services of Counsel are to commence upon the execution of this Agreement and shall be undertaken and completed in such sequence to assure their expeditious completion. 3. Compensation. Fees for all legal services provided to the City shall be charged on an hourly basis as set forth in Hatch and Parent's Standard Terms and Conditions for Legal Representation,attached hereto as Exhibit"A". Counsel will charge in increments of one-tenth of an hour,rounded off for each particular activity to the nearest one-tenth of an hour. 4. Compensation Can. Counsel agrees that it shall not bill in excess of$30,000 to the City without prior authorization of the Utilities Director. Within thirty (30) days of execution of this agreement, Counsel shall submit to the City Attorney and Utilities Director an estimated budget of fees and costs for the major stages of representation in this matter. 5. Reimbursement. The compensation cap identified above includes reimbursement for all costs reasonably necessary to facilitate the representation of the City, which shall include necessary travel expenses, printing and copying expenses, postage, long distance telephone calls and telegrams, and similar matters as set forth in Exhibit "A" attached hereto. Reimbursable expenses shall not include Counsel's normal office operating expenses. . 6. Method of Payment. As a condition precedent to any payment of Counsel under this Agreement,Counsel shall submit monthly to the City a detailed statement of account which clearly sets forth the dates,times,designated items of work and person performing such work, and all costs incurred,for which the billing is submitted. Such statements shall be submitted no later than the fifteenth(15th)day of each month. The City shall review Counsel's monthly statements and shall pay Counsel for services rendered and costs incurred, at the rates and in the amounts provided hereunder,on a monthly basis in accordance with the approved monthly statements. C2-3 7. Changes in Rates and Charges. Counsel shall have the right to change the rates and charges set forth in Exhibit "A" not more than once each calendar year, upon the giving of thirty(30)days'advance written notice of any changes,and acceptance thereof by City. 8. Cost Containment. Counsel shall be sensitive to City budget constraints,and will make every reasonable effort to minimize expense by assigning activities, where appropriate, to more junior attorneys or paralegals,for billing at lower rates,provided however Scott Slater,with the assistance of Robert Saperstein,shall personally conduct any appearance at any administrative hearing or trial, and any other pivotal work or proceeding including but not limited to significant discovery and/or settlement negotiation proceedings. Such practices as excessive discovery or motions, multiple representation at appearances (with the exception of both Scott Slater's and Robert Saperstein's coverage of the State Water Resources Control Board hearing), or multiple billings for Counsel initiated conferences with its own staff or associates shall be strictly discouraged. 9. Full Communication. Counsel understands that full communication ahead of time and at every step of the way with City is a key element and consideration for this Agreement. 10. Coordination. (a) City. The City Attorney,or his designee,shall be the representative of the City for all purposes under this Agreement,in close consultation with the Utilities Director and Water Division Manager. The City Attorney and the Water Division manager shall manage,control and supervise the progress and services provided for under this Agreement, and shall be designated as co-counsel on all pleadings associated with this Agreement. (b) Counsel. In recognition of his knowledge, skill, and other unique personal factors,Scott Slater shall be the primary attorney assigned by Counsel to perform the work provided for under this agreement,and shall serve as liaison with the City's representative. Mr. Slater shall not delegate any significant aspect of this agreement without prior consultation and approval of the City Attorney or his designee. 11. Employment of other Counsel,Specialists or Experts. Counsel shall not employ or otherwise incur an obligation to pay other counsel, specialists or experts for any services in connection with this agreement without the approval of the City Attorney or his designee. 12. Onalification of Counsel. Counsel covenants and represents that it is qualified to famish the services described under this Agreement by nature of its expertise and experience in the area of California water law and policy. 13. Written Contract Required by Law. This document constitutes the written fee agreement between Counsel and City required by California Business and Professions Code Section 6148. 2 C2-4 14. Notices. All notices hereunder shall be given in writing and mailed, postage prepaid,by Certified Mail,addressed as follows: To City: Gary Henderson Utilities Department 955 Morro Street San Luis Obispo,CA 93401 To Counsel: Scott Slater Hatch& Parent 21 East Carrillo Santa Barbara,CA 93101 15. Insurance. At the request of the City, Counsel shall provide proof of comprehensive general liability insurance ($1,000,000 including automobile) and professional liability insurance($1,000,000)satisfactory to the City. 16. Interest of Counsel. Counsel covenants that it presently has no interest,and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Counsel further covenants that, in the performance of this Agreement,no person or entity having such an interest shall be employed by Counsel. Counsel certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of the City. It is expressly agreed that,in the performance of the services hereunder,Counsel shall at all times be deemed an independent contractor and not an employee of City. 17. Discharge and Withdrawal. City may discharge Counsel at any time. Counsel may withdraw only for good cause. Among the facts constituting good cause would be breach of this contract,refusal to cooperate with Counsel or to follow Counsel's advice on a material matter, or any fact or circumstance that would render Counsel's continuing representation of City unlawful or unethical.'Each party agrees to sign any documents reasonably necessary to effect or complete discharge or withdrawal. 18. Termination or Conclusion. Upon the termination or conclusion of Counsel's services, all unpaid charges for services rendered and costs incurred or advanced through the termination or conclusion date shall become immediately due and payable. If City should replace Counsel with another attorney or attorneys,Counsel will unconditionally transfer City's file to the new attorney promptly upon payment of the cost of copying and transferring the file. 19. Costs and Attorney's Fees. The prevailing party in any action between the parties to this Agreement brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs and attorney's fees expended in connection with such an action 3 C2-5 from the other parry. 20. Asreement Contains all Understandines. This document represents the entire and integrated agreement between City and Counsel and supersedes all prior negotiations, representations,or agreements, either written or oral. This document may be amended only by written instrument, signed by both City and Counsel. All provisions of this Agreement are expressly made conditions. This Agreement shall be governed by the laws of the State of California IN WITNESS WHEREOF, City and Counsel have executed this agreement on the day and year first above written. COUNSEL Attorneys at Law By: CITY OF SAN LUIS OBISPO By: John Dunn City Administrative Officer APPROVED AS TO FORM: e J qty Atto 4 C2-6 07/23/99 12:14 FAX 805 965 4313 Hatch and Parent EXH186L'T LAW OFFICES p�.T�T�'. SAN DIEGO OFFICE STANLEY G. MATCH HATCH AND FA-R -.N IID WEST C STREET. SUITE 2200 GERALD B. PARENT SAN DIEGO. GA 83101 S. TIMOTHY BUYNAK T6LCPHONE: (6101 702-6100 SUSAN F. PETROVICM A PR OF$SS30NAL CORPORATION PETER N_ BROWN 21 EAST CARRILLO STREET SOUTH LAKE TAHOE OFF,ICC STANLEY M. RODEN THE suMMIT SCOTT Sr. SLATER SANTA BARBARA. CALIFORNIA 93101-2782 SOUTH LAKE TAMOE. CA 9161'30' GTEVCN A. AMERIKANER TELEPHONE: (5Ip0) $42-7800 GARY M. KV16YAD ALL MAIL. CHRISTOPHER A. JACO95 POST OFFICE DRAWER 720 KEVIN J. NEESE JEFFRCY A. DINKIN SANTA BARBARA. CALIFORNIA 93102-0720 1998 - 1009 JEFFERY H. SPEICH LORI LEWIS PERRY TELEPMONEL IB061 069-7000 Or COUNSEL ROBERT J. SAPERBTEIN FACSIMILC: (13051 965.4333 CHRIS FRAHM JEANNE M. MACCALDCN J06EF D. HOUSKA OUR FRC $ 677SS SARAH J. KNECHT STEPHANIE C. OSLER DIRECT DIAL 4 BRADLEY 6, LUNDGREN INTCRNET. M'apIteinQ MERR16CE A. FELLOWS jWy23, 1999 DCOORAN L. MARTIN A.SSC�17az¢[[t.GOm KRISTEN T. OERSCHEID yyy JOHN O. BAKKER i B I A MICHELLE L. PICKETT ~� ty1 , TRAVIS pRNILEGED AND CONFIDENTIAL MARK A.. DEPACO OEPACO ROBIN L. LEWIS A ttOm Client 11�....le e SCOTT M. WETS 11 ey l..Ll r1IV1L g C. ANTHONY ROTO (IMd. Code, § 950 et seq.) Via Facsimile Gary Henderson City of San Luis Obispo 955 Morro Street San Luis Obispo,CA 93401 ][tE: Santa Margarita Reservoir Petition for Extension of Time SUBJ: Agreement for Legal Services and Scope of Work Dear Gary: pursuant to your request, enclosed is a revised Scope of Work that includes costs for Mr. Payne within Hatch and Parent's budget. Please note the exceptions specified in the letter- For example,the cost of experts(other than the$5,000 for Mr.Payne)is not included,and the necessary attorney tame will grow should the hearing last longer than one day?or if the proceedings get Pro- .F7 for some reason- As to the Agreement for Legal Services, Scott's billing rate is $175 per hour and mine is $130. Let me know as soon as I can get Tom Payne working. Enjoy your vacation. Best ERT J. SAPERSTEIN For HATCH AND PARENT ROB:oml xl«ru Enclosures SB 210471 V 2.06%75.0005 C2-7 07/23/99 12:13 FAX 805 965 4313_ Hatch and Parent 12 001 LAW OFFICES SAN DIEGO OFFICE gO WEST C STRECT, BUITC 2200 STANLEY C. HATCH 2.101 6ERA60 B. PARENT MATCH AND PA73•FI SAN E00. CP 0 S, TIMOTHY DUTNAK TELEPHONE 1019) 7022.- 8100 SUSAN F. PETROVICH A PRORESSIONAL CORPORATION PETCR N. BROWN 21 EAST CARRILLO STREET SOUTH LAKE TAHOE OFFICE STANLEY M. RODEN THE SUMMIT SCOTT S. SLATER SANTA BARBARA. CALIFORNIA 903101-2782 SOUTH LAKE TANOE CA SdfSO CTCVEN A. AMERIKANER TELEPHONC= (S3OI 042-7600 GARY M. KVLITAO ALL MAIL: CHRISTOPHER A. .ACOBS POST OFFICE DRAWER 720 KEVIN J. NEESE JEFVREY A. DINKIN SANTA BARBARA, CALIFORNIA 93102-0720 Ig65 - 19136 JEFVCRY H. SPIVCh LORI LEWIS PERRY TELEPHONE: (805) 963-7000 Or COUNTCL ROBERT J. SAPER+TEIN FACSIMILE: 1806) 065-4939 CHRIS FRAHM JEANNE M. MAGCALDEN J03LF O. HOUSKA OUR FRC S 677SS SARAH J. KNECHT STEPHANIE C. OSLER DIRECT DIAL BRADLEY E. LUN06REN INTERNET. gSap,'7 MERRILEE A. FELLOWS Jury 23, 1999 corn DEBORAH L. MARTIN KRISTEN T. DCRSCHEIO JOHN D. BAKKER MICMCLLE L. PICKETT YRAVJMARK A. D PACO PRIVILEGED AND CONFIDENTIAL MARK a. DEPACO ROBIN L. LEIS W SCOTT M. Etb Attorney-Client Privilege C. ANTHONY BOYD (Enid. Code, § 95o et seq.) Post4r Fax Note 7671 vi- FMM Gary Henderson F . /�AO'"_0 "'D.John Moss �4 City of San Luis Obispo �8� .P/�S Faxa 955 Morro Street San Luis Obispo, CA 93401 RE: Santa Margarita Reservoir Petition for Extension of Time SUBJ: Scope of Work Gentlemen: In response to your request,the following is intended to provide a description of the scope of Hatch and Parent's involvement in working with City staff and other City consultants (Project Members) in preparing for and presenting the City's position before the State Water Resources Control Board(Board)in the above-referenced Petition. Hatch and Parent's involvement will mclude working with Project Members in preparing written and oral testimony, drafting necessary supporting legal briefs, and coordinating and presenting the City's position at the Board hearing, including cross-examination of any adverse witnesses. As discussed in more detail below,Hatch and Parent's budget also includes costs for a fisheries expert Based on our cuaent assessment,the above-described level ofinvolvement can be completed within a$30,000 budget. This assumes that the Board hearing is limited to one day,with limited adverse testimony. The hearing may be more extensive, and might even be continued to allow interested parties to brief and provide testimony on issues first identified at the hearing.. We have not included cost estimates for such contingencies w our budget. It also only includes a limited budget for the fisheries expert. 85 1AM12 v 106ne.0MIS C2_8 07/23/99 12:14 FAX 805 965 4333 Hatch and Parent 002 Gary Henderson John Moss July 23, 1999 Page 2 As we discussed previously,Hatch and Parent has engaged Mr.Tom Payne for his input on fisheries issues. Initially, Mr. Payne will simply review eausting documents and rely on other resources at his disposal to conduct an initial assessment ofthe impacts on fisheries resources. This assessment will not involve a site visit and can be completed within a$5,000 budget. However,Mr. Payne may advise the City that additional work must be completed to adequately anticipate and address fisheries issues before the Board. supplemental work by Mr.Payne will involve additional expenditures of an as yet unknown amount Should you need further information or a more detailed breakout of anticipated expenses, please let me Imow. Best , ROBERT J. SAPERSTEIN For HATCH AND PARENT ROB:gml 1469,2.3 SB 146812 v 3:06775.0005 C2-9 07/15/99 17:58 FAX 805 965 4: Hatch and Parent 11009/010 HATCH AND PARENT Standard Terms and Conditions for Legal Representation The standard terms and conditions for the representation of 3. Brine Pnetiees The time of our legal personnel is clietnsbyHatch and Patentereset forth in this memorandum. billed m Mentum inctesocnts of tenths of an hour(six Please take the time to read and understand them, as this minutes)for any task irrespective of its duration memorandum,along with the accompanying Letter Agree- meat,form the basis ofourworkmgrelationship.Shouldyou The rime for all telephone calls relating ro your have any questions,please feel free to discuss them with us. matta(s) is charged, including telephone calls with you, opposing parties, opposing counsel, witnesses and other 1. Respective Responsibilities Hatch and Parent persons or entities related to your tnatrer(s). From time-to- agrees to provide all reasonably necessary legal services for time,legal personnel assigned to your case confer among the representation we have undertaken,to make ourselves themselves about your case;and m such event,each person reasonably available to you. to keep you informed of the will charge for the time expended. Likewise,if more than progress of our representation,to respond to your inquiries one of our personnel assigned to your cage attends a meeting and to counsel and consult with you regarding significant or other proceeding,each will charge for his or her time. We developments and decisions_ charge for waiting time mrd for navel time,both local and out Of town. As our client,you are agteeiagto fully eooperatewith us,be open and truthful,advise us of all relevant facts and 4. Costs and Other Charges. In addition to nur fees, developments,prornpdy respond m our Inquests and make we art to be paid and reimbursed casts and expcascs decisions,keep us advised of your address,telephone and expanded for you,including such items as photocopying, whereabouts,and promptly pay our monthly statements. telecopying,secretarial overtime,exhaeadinary administra- tive or accounting support, computerized legal research Match and Parmtisnot intheposttiontofiaance[egg charges, long distance telephone charges, messenger and representation or to carry and collect on accounts. It is your delivery services,word processiagfees,consuli8ntorimresti- responSlbflityte enstvetharourstatemmtsneptompdypaid galivc fns,and similar costs and awcusrs. and your failure in that regard mayicopardize our continuing representation.We,at Hatch and Parent,expect our anomeys Additionally,consultant,investigative and witness fees and to provide timely, effeuive and efficient legal savices to costs may accrue in the course of our repo or for clients and m not be dh=tcd by efforts to collect their fees, which you would be responabla If any of the attorneys or costs and expenses. paralegals of Hatch and Pment are required to testify or participate iu diseovdy,trial prion ur o&aproaedittgs 2. Fecal. The fees for our representation are based on the in conjunction with your legal mattes,whether during or current prevailing hourly rates for the time our attorneys and after our teptescataGon, you are obligated to pay for they paralegals spend on yourmener(s)unless other arrangements titre,costs and expenses in accordance withthe schedules of are specified in the aceompm<ying Letter A gmcmcnL Time this Agreanent expended on your '' is multiplied by the applicable hourly rates and yields the fees due and payable tnomhly by 7bc cost of licensing and installation of computcr>roffium yen. noting to manage your case or nearer other Phan Haub and Parana regular prognans,will be charged to you. All costs Our current regular hou dy rates for legal personnel are and expenses err billed to,and payable by,you at our cost, except Parnters S175/hr.to S450/hr. Associates S125/hr.to$=/hr. Photocopying-. S.15 per Inge Paralegals and $100/11r.to S150/11r. Mileage: IRS Rate Law Claim Farsinttle Sl-per page(Sending Only) Case Clerks S 501hr.m S 75/hr. Technology Services: $65 per hour Dna Traada: SI per page(Sending&Receiving) For some g ocialities,premtum razes apply- These terms and Computer Research: External:S6 per minute or less oondmons, including our hourly rates, ate updated each Internal: S2 per minute or less January or sometimes during the year,upon thirty(30)days (berth depend on hbtaries act notice to you. You are presumed to have agreed to any LongDist Phone. Cost+50%(For Internal Egttipment) changes if you do not discharge us as your attorneys within Dedicated Faalitiest the tlhtity(30)day advance notice period. The initial legal Hotel/Equip.Rentals Cost+100%(For Admin.Support) persomtd assigned to your representation are set forth in the accompanying Letter Agree, along with their hourly S. Rets' er.RctautasategcoareHyrequiredbeforecom- rates. We reserve the right m assign ahemate and additional menoing services. Whether or not a rdroner is required by legal pessound to your representation as needed in our judg- the accompanying Letter Ag o ntenk a retainer or an addi- ment. Contract attorneys and paralegals may be utx7acd in tional retina may he requested at any time to the future, cur efforts on your behalf and these are billed at 5150 per which you agree to deposit within fifteen(15)days of our hour and S100 per hour,respectively,irrespective of their request Any reminess that am held on your behalf will be cost to us, unless we consult with you in advance on their placedmthcgdch=dPwcutTrustAeeountwWmiuiaraest retention at a higher billing rate and gain yoca approval to you unless you make other arranges with our Comp. troller. The law requir that aIlinterest ea infurlm 07/15/99 17:37 FA% 805 965 4 Hatch and Parent 12010/010 deposited to the [latch and Parent'host Account be for- in regard to your representation to you or my other desig- warded to the California State Bar for its Legal Service Must nated person upon advance payment of the costs and Fund Prograru Jn the event that you request that your expenses of our copying and WASfatzmg your fie,it being deposit be placed in a separate kftcst bearing account for agreed that all files and materials aceurmrintcd by us are mr your benefit,you will be dharged S75 to establish the account property.Further,upon completion,discharge orwidhdtawal, and S 10 per month service charge. we normally score your Me for our sole beneftc Should you desire your file or any documentation within it,you must Our retainers are true retainers and are not an advance notify us within thirty(30)days of cautplction,discharge or against fees. Thus, you are required to promptly pay all withdrawal as we reserve the right to destroy your file utiles morahly scetemonts even though you have a retainer with us. so notified. Further, once a file is stored, there is a$50 Any retainers held in our trust account may be withdrawn by charge for its retrieval and$5 per month per expando file us,ar one discretion,for the purpose of paying outstanding storage charge. We encourage clients to store their own legal billings for services rendered or costs and expenses incurred files after completion of our representation. Computerized or sdvanexd If your retainer is applied to your account,you documents,messages,etc.,ars normally destroyed within 30 will be requested to provide fortherrebarcrs according to the days and are not maintained as part of your file. terms described above. Upon completion of our representa- tion and payment of your final statement in full,all retainers S. Disclaimer of anv WarrantY, Coaranty or Esti- maintained in our trust account will immediately be returned mates.Unless aspeeific opinion regarding the subject ma- to you, of our representation or an estimate of fees, costs and/or expenses is rendered to you in writing,we disclaim any As on additional retainer and security for the payment opinionsby our legal personnel concerning the subjectmaiter of our fees,costs end expenses,we are granted all general, of our representation and any estimates of Sees, costs and possessory or retaining liens and all special or cbarlpng liens expenses. Nothing in this agreement for legal services and upon any recovery,judgment,settlement, or property due any tettomeys statement to you is to be censured as a you,resulting from our representrriou. promise or guarantee about the outcome of your ease or matter. Our attorneys male no such promises or gvaennem 6. Monthly Statements. During the course of our repay Attorneys' comments about the outcome of your case or scamdon,wewill send you monthly statements setting forth rnarerare expressions ofopinion only.Further,should FAX the fes,costs and expenses you have me rred. Your pay- e-mail, cell phone or similar communication methods be meat of this statement must be received by our offirc by the utilized,we disclaimsay liabilityforrmamhorized third petty last day ofthe month. For example,in June,you will receive retrieval of(he communication unless you,emict our use of a statement for Mays fetes, costs and expenses;and your such communication methods in writing. payment is to be received by us by June 30. 9. Mrseeliameouc California law governs our arrange- Should your payment not be timely made,we reserve mens,with venue for all purposes in the County of Santa the right to immediately discontinue our legal services_ Barbara,Caiiforoia Should the ec nowledgmento mf>xning Further,by enteringimmthisagteement,YOU=agroeingthat these arrangements not bereturned tous,thcywtllstMbethe itwouldbci npmcdcalorext mdydiffiw ttodetermia the arranged between us unless ss you advise us otherwise. losses and damages we would experience by your hila a to timely pay your scam as our en3 "on is not set up Should any part ofthis agr ern for legal servicer be to monitor late payments or engage in collection activities found to be invalid or tmemti ucasble for say reason, the Thus,if yourpsynzat ofany statement is not timely received remainder shall not be affected thereby. All individuals by us, a service charge Of 1?5%per month,or 15%per executing an ageemtat for legal services on behalf of an anemm will be charged an she balance due Should you have cality catify ad warrant that they have the capacity and any concerns or questions rtg li your alert==% you bave been authorized to do so and if may are not so sutltor- should immediately discuss these with the primary attorney ized,they are individually responsible for all fees,costs and handling your legal tnaIas or our Comptroller. In the agwmses accrued. absence of any wrinazi objmtoq ybuwiil,whhin thIrW(30) days of your receipt of our sbGement,be dacmed to have 10. EntlreAerreezuent Thismemorendumandtheaccom- aeapted and acknowledged the staremen,as correct- panymg Letter Agreem oensntutte the entire agreement between you and Hatch and Parent regarding The terms and In addition toyourreguiarmont lystatement,youmay eondidonsofourrepmaeatationofyotirkau cslsandnoorha request additional moments or reports concerning your agreement, change, modification, statement, promise or account. We will provide you with such additional state- repteseolation,either prior to or after this agreement will be meats or reports within ten(10)days ofyour request at acost binding,unless it is in writing signed by ep parties,with each of$25 for each&,-I a statement ornpu so long as it can be pmtywaivingtheufonrlghtmcWMcentestorassertthat generated by our eomputrimed billing syrstem. this Agreement was modified, canceled, mpetsederi or changed by any oral agreement,course of conduct,waiver or 1. Disrhamp,Withdrawal,Comolation and Records. estoppel- Either you or our firm may discharge the other at anytime by providing written notice to the other. In the event of such ><Imsuah..n (acv.0625/99) termination or completion,we will provide our trtiginal files C2-11