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control and direction of the Client at all stages, and that the Firm shall at all times keep the <br />Client informed of all matters pertaining thereto. The Client will keep the Firm informed of <br />all significant developments in matters relating to the Representation. <br />Reporting Requirement <br />The Firm agrees to keep the Client, and any other person(s) designated by the <br />Client, informed of significant events in the Litigation, including but not limited to <br />triat/hearing date, party deposition dates, filing of motions for summary judgment or other <br />significant motions, hearing date for motion for summary judgment or other significant <br />motions, settlement conference date, and mediation date. <br />The Firm also agrees to provide the following reports: <br />1) 45-day initial evaluation of case and budget to be due 45-days from the <br />signing of this letter; <br />2) Periodic status updates to be agreed upon by the parties; <br />3) Updates on significant occurrences. <br />Independent Contractors <br />It is mutually agreed by and between the Firm and the Client that, in the <br />performance of their covenants hereunder, the Firm's attorneys are and shall be <br />independent contractors, and not officers or employees of City. <br />Billing Matters <br />The Client agrees to pay the Firm its hourly fees for time spent on the <br />Engagement. The Firm agrees to a blended hourly fee of $640 for Associates, Counsel, <br />and Partners for this Engagement, with the initial 100 hours of attorney time provided at <br />no charge. The Firm also agrees not to charge the Client for time Quyen Ta spends <br />traveling in the performance of duties under this Agreement. The total sum to be <br />expended by Client under this Agreement shall not exceed $350,000. This amount is not <br />intended to serve as a cap on fees due to the Firm for its services under this Agreement. <br />If the Firm recovers attorneys' fees for its services in this matter, those fees will be <br />donated to the City of Santa Ana. <br />The Client agrees to reimburse the Firm for out-of-pocket expenses, including but <br />not limited to, transcription, mileage, copying costs, service of process, and mail services <br />authorized by the City Attorney in connection with the performance of duties under this <br />Agreement. In-house printing, copying, and reproduction charges will be reimbursed at the <br />rate of 20 cents per page. Automobile travel will be reimbursed at the standard mileage rate <br />in effect at the time of billing by the Internal Revenue Service. Any costs in excess of <br />$5,000 require City Attorney approval prior to incurring the expense. All expenses must <br />have supporting documentation submitted with the invoice. <br />25L-4 <br />