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ATTORNEY-CLIENT RETAINER AND FEE AGREEMENT
THE LAW OFFICES OF MARK A.WASSER(Attorney")and the CITY OF PALM
SPRINGS, a municipal corporation, ("Client")hereby agree that Attorney will provide legal
services to Client and Client will pay Attorney on the terms set forth below.
1. SCOPE OF SERVICES. Attorney shall provide special counsel services to
Client as requested and shall represent Client in litigation under the supervision of the City
Attorney. Attorney shall keep Client informed of the status and progress of all matters for which
Attorney is responsible and shall provide service consistent with generally accepted professional
standards.
2. LEGAL FEES AND BILLING. Client shall pay Attorney for all services
provided pursuant to this Agreement at the following rates:
Mark A. Wasser $250/hour
Other attorneys, if any not to exceed$225/hour
Paralegals $145/hour
The time charged will include all time Attorney spends working on Client's matter
including telephone calls relating to Client's matter,telephone or face-to-face conversations with
Client, Client's representatives,witnesses, legislative and administrative officials. The legal
personnel assigned by Attorney to Client's matter may confer among themselves about Client's
business, as required and appropriate. When they do confer,each person will charge for the time
expended, as long as the conference and the work done are reasonably necessary and not
duplicative. Attorney will charge for waiting time in legislative,judicial,or administrative
proceedings and elsewhere and for travel time. Time is charged in minimum units of one-tenth
(1) of an hour.
3. COSTS AND OTHER CHARGES. Attorney may incur various costs and
expenses in performing legal services under this Agreement. Client shall pay for all costs,
disbursements and expenses in addition to Attorney's hourly fees. Costs and expenses
commonly include, service of process charges,filing fees, court and deposition reporters' fees,
jury fees,notary fees, deposition costs, long distance telephone charges, messenger and other
delivery fees,postage, photocopying and other reproduction costs,travel costs including parking,
mileage,transportation,meals and hotel costs,investigation expenses,consultants'fees, expert
witness,professional,mediator,arbitrator and/or special master fees and other similar items. All
costs and expenses will be charged at Attorney's actual cost, without mark-up. Attorney shall
not incur any out-of-town travel, meal or accommodation costs without Client's prior approval
With Client's consent,Attorney may retain experts,consultants,mediators and arbitrators
to assist in the representation and presentation of Client's interests. Client shall reimburse
Attorneys for all fees charged by such individuals and will, upon Attorney's reasonable request,
pay the fees of these individuals directly.
4. BILLING STATEMENTS. Attorney will send Client a monthly invoice for fees
and costs incurred. Each invoice shall be payable within 30 days of its mailing date. The
invoices shall include a description of the services provided and the amount,rate,basis of
calculation or other method of determination of the fees and costs,which costs will be clearly
identified by item and amount.
5. DISCHARGE AND WITHDRAWAL. Client may discharge Attorney at any
time subject only to the obligation to compensate Attorney for any work theretofore done.
Attorney may withdraw with.Client's consent or for good cause. Good cause includes Client's
breach of this Agreement,failure to pay fees or costs or tender deposits when requested,refusal
to cooperate or to follow Attorney's advice on a material matter,any fact or circumstance that
would render Attorney's continuing representation unlawful or unethical or any reason found
sufficient by a court. When Attorney's services conclude,all unpaid charges will immediately
become due and payable. After services conclude, Attorney will,upon Client's request,deliver
Client's file as directed by Client.
6. DISCLAIMER OF GUARANTEE AND ESTIMATES. Nothing in this
Agreement and nothing in Attorney's statements to Client shall be construed as a promise or
guarantee about the outcome of any matter. Attorney makes no such promises or guarantees.
Attorney's comments about the outcome of the matter are expressions of opinion only. Any
estimate of fees given by Attorney shall not be a guarantee. Actual fees may vary from estimates
given.
7. MEDIATION. If a dispute arises out of this Agreement or the parties'
relationship, Attorney and Client shall submit the matter to mediation with a mediator of their
selection and engage in meaningful mediation before resorting to arbitration or any other dispute
resolution procedure. Satisfaction of this Paragraph shall be a condition precedent to either
party's ability to use or participate in any other dispute resolution procedure.
8. ARBITRATION. After satisfaction of Paragraph 8, any controversy between the
parties regarding the interpretation,application or enforcement of this Agreement and any claim
arising out of or relating to this Agreement or its breach shall be submitted to binding arbitration
upon the written request of either party. The parties shall appoint one person to hear and
determine the dispute or, if the parties cannot agree,the Superior Court of Riverside,California
shall choose an impartial arbitrator whose decision shall be final and conclusive on all parties.
Attorney and Client shall each have the right of discovery in connection with any arbitration
proceeding in accordance with California Code of Civil Procedure Section 1283.05. The parties
shall each bear their own legal fees and costs. The venue for the arbitration shall be Riverside
County, California.
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9. PROFESSIONAL LIABILITY INSURANCE. Attomey maintains
professional liability insurance and shall maintain that insurance at all times during the term of
this Agreement.
LAW OFFICES OF MARK A.WASSER
Dated: 9 12 By: Z A" e. .
Mark A. Wasser
CITY OF PALM SPRIIN�GSa municipal
corporati GI�M`--'
Dated:
Douglas olland,City Attorney
APPROVED gY CITY COUNCIL
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