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HomeMy WebLinkAboutAGMT - Day Carter & Murphy LLP (Representation)Tracy K. Hunckler thunckler@daycartermurphy.com October 22, 2019 VIA ELECTRONIC MAIL ONLY E -Mail: jingram(acr�,sealbeachca.gov Jill R. Ingram, City Manager City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Re: Representation by Day Carter & Murphy LLP Dear Ms. Ingram: Thank you for providing us with the opportunity to represent The City of Seal Beach ("the City"). Pursuant to California Business and Professions Code Section 6148, our firm is obligated to execute a written fee agreement with the City, and it is the purpose of this letter to satisfy that obligation and provide you with information about our representation of the City. It is understood that you are hiring Day Carter & Murphy LLP to represent the City to assist with review and comments on a proposed subsurface oil and gas lease, and to provide related advice and counseling. We shall also undertake such other work as the City may request from time to time, and agreed to by Day Carter & Murphy LLP. We shall provide those legal services reasonably required to represent you. We shall also take reasonable steps to keep you informed of significant developments and to respond to your inquiries. We will charge by the hour at the prevailing rates for the time our legal personnel spend working on your matters. My billing rate is $450.00 per hour. Other attorneys who may work on your matter bill at rates from $225.00 to $450.00 per hour. Our hourly rates are subject to periodic change. We will inform you of any changes. You agree to pay for our legal services at the prevailing rates. We welcome an open discussion regarding the important matter of fees, so please do not hesitate to contact me at any point if there are questions. Our legal personnel bill in minimum units of 0.10 hours (6 minutes). You will not be charged for any inquiries which concern your billings. You will be charged for all interoffice conferences by each involved timekeeper. You agree to pay for costs and expenses we may incur, in addition to the hourly charges for services rendered by our legal personnel. Such costs commonly include mail, photocopy, messenger, computerized research and document filing charges. It is our policy as a firm to only {01062285} City of Seal Beach October 22, 2019 Page 2 pass along the actual cost or expense. The firm, at its election, may impose late fees or interest on delinquent accounts to the extent allowed by law and/or withdrawal from our representation of you at any time for nonpayment of our fees. We will send you a statement for fees and costs on a monthly basis. Our statements will clearly show the unpaid balance and include a quantified calculation of fees by entry and time. All costs will be clearly identified and quantified. You may discharge us at any time. We maintain errors and omissions coverage applicable to the professional services to be rendered to you pursuant to this engagement. Upon termination or conclusion of our services, all unpaid charges shall immediately become due and payable. We acknowledge our obligation, upon your demand, to deliver to you your files and other materials created as a result of our representation. We have made no express promises or guarantees to you about the outcome of your matters, nothing in this letter should be construed as such a promise or guarantee. Pursuant to Subsection (c) of Section 6148 of the California Business and Professions Code, we can still collect reasonable attorneys' fees for services rendered even if you fail to sign and return this letter. If you are in agreement as to the provisions contained in this letter, please date and sign the acknowledgment in the space provided below. Please return a copy of the fully -executed letter to our office via electronic mail to tuncklerkdaycartermurphy.com. We look forward to working with you in our representation of City of Seal Beach. Please do not hesitate to contact me if you have any questions or concerns. Very truly yours, DAY CARTER & MURPHY LLP /S/.• Tracy K Hunckler Tracy K. Hunckler cc: Victoria Beatley (vbeatleyAsealbeachca.gov) Leslie Ericson (LEricsongrwglaw.com) AGREED TO AND ACCEPTED: City of Seal Beach By Its: Dal {01062285}