02-117 Brian T. Grogan, Moss & Barnett Legal Counselt
°.
CITY OF
CUPEI~TINO
April 3, 2002
Brian T. Grogan
Moss & Barnett
4800 Wells Fargo Center
90 South Seventh Street
Minneapolis, MN 55402-4129
Dear Brian,
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3262
FAX: (408) 777-3366
E-Mail: rickk@cupertino.org
PUBLIC INFORMATION OFFICE
I am pleased to engage your services on behalf of the city of Cupertino. Attached are
signed copies of the two-page engagement agreement that has been reviewed and
approved by our city attorney. The most current fee schedule we have is for 2001. Please
let me know if these fees have been changed.
We look forward to working with you.
Sincerel
` .
Rick Kitson
Public Information Officer
Printed on Rec}~cled Peper
Apr-09-02 08:llam From-MOSS ~ BARNETT +4900 T-679 P.02/04 F-247
ENGAGEMf~:Nr /4GREEiUl1lNT
This ~n9agemant Agreement sets forth the agreement between Cupertino. Cailfornia
{"City") sna Mas$ & Barnett, A l3rafessfonal Associafion ("Moss 8 8amett"),
Concerning legal represerttatitan regardintl cable television franchise issues.
~ . MOSS & Barnatt's fees and casts to be charged to the City are set farkh in
its prapdsal to the City dated QecemiJer ~ ~, 201. However, Moss & Barnett and the
City acknowledge tnai neiti3er can control the actions of the City's cable television
caQeratoi-. Moss ~ Barnett will use its best. efforts to ensure al! tasks assigned Icy the
City are completed within tt~ apove~leferenced prvpasal.
2. Moss 8.13smatt will reprasr~nt the City wltl3 Brian T. Grogan as the primary
attorney responsible for ail serui~es, While Qth~r prof~ssiQnals in this aft~Ce may
p~rforrn $ervic~s ort the City's behalf in ec~nrtectian with the services referenced above,
it is understood and agreed that srian 7. Brogan will not be removed air replaced as the
primary and resppnslble attvmeys for all :~enrices without ttte prior consent of the City.
Mass & Barnett will use its best judgment tQ determine the most economical use of its
attameys and staff persanncl.
3. The City will receive an itemised statement of account from Moss &
Barnett on a monthly basis. This statement will summarize the services rendered and
the casts and expenses incurred on the City's behalf. Mass ~ Barnett reserves me right
to increase the hauny rates of any attomc~ys and staff. Such increases will, however,
not be implemented without the prior apprUVal Qf the City. Tune is biIIBQ py the ane-
tenth (1110) cf an hour, which is the minimum time charged f+or arty service. Billed time
includes all Ume spent on the City's pehalf in connectifln with trte matter referenced
above, including conferences, telephone +:alls, drafting and reviewing of dQCumeets and
mamara~nda, preparing and reviewing of G:orraspondence, negotiations, legal research,
interoffioe acnferenaes, and travo! to and from locations away from the office.
4. Trze City vrlll reimburse 1`~o:;s 8~ Barnett for all reasgn~ble and necessary
Casts and expenses inat we incur on the ~,:Ity's behalf. These costs and expenses
include charges for photocopying, lang~distarrce telephanrY calls, delivery and
messenger services, ielecopying, WESTIAVI/, travel, faa~i and lodging.
5. Tne periacic statement of arcQUnt that the City will receive Tram Mass. &
Barnett wUl include a brief description of ~ICtlvlty on the matter. Wa d4 not itemize all
specific aarvices rendered 4n a parkicular date_ TMe City wi11 contact Mass 3~ 8arnetk in
writing within thirty (~o) days of receipt 4f its statement If the Ciry has a question
regardinfl eny ch~rc~es nn its statement. If Miss ~ Barnett rises not hear frnm the ~:ity,
it wiU assume that there are na questicans or prablems_
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G. All balances on the City`s account are due thir#y (3Q) days after the date of
the statement_ interest at the legal rate shat! accrue an the unpaid palance of the City's
account from trte aue date.
7. Moss & Barnett assures that: its a~srvices will bs accomplished ir7 a s.imely
manner anq with the cooperation and assiistance of the City. fn this regard, the City
agrees to designate a contact person whom Moss ~• t3arnett will contac# and who wilt
regularly review, discuss, and rnest with (41~oss & 13amett regarding tf're services
provided, the tune for perfiormanca of the Services, and to assist in arranging meetings,
conforences, and ether arrangements with City personnel to fiacilitate the perFormance
of services by Moss ~ [3arnett and to ensure that all information and issues r~uired for
rev~r~w by the City are made availadle to Mass & samett.
8. TIZiS A~i~cni~c'~T 11tay k,e ta:rriiir~dterl (Ur dray r~dscrn ~y dither ihd City Ar
Moss ~ Qarnett upon giving thirty {30) days wr;tten notice t4 tYte athef'. Ifi such notice is
~ivcn to Mass & Barnett, it shot! Immadi9t~aly ce3s~ work. All fae~ arsd cosh incurred to
tha date of receipt pf ine notice will be poi+~ to Mass & Barnett. C?therwise, there shall
he no furtPler liability to tine Gity_
9. This Agreement contains all of the terms of the services and financial
arrangement between the City and MASS ~~ Bam~tt and can only be modified by a
wrtitten document signed by both patties.
MICSS & BA#~NETT
A Profasslanal Association
Dated ~ G ~ 6~ e y /lam.
Brian T. Grogan
CITY C~ CUP~RTINQ, C f~II=CRNiA
~ ~ ~ ~
Ratted ~ F3 y, _ f.~-r`r- -
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Apr-09-02 08:12am From-MOSS ~ BARNETT +4900 T-679 P.04/04 F-247
Moss ~ Barnatt's legal services will be billed based an the hcr~atly rates for 201
as cutbned below.
Briars Gruyar~ $225.QOlhuur
Yuri Berndt $~60_ddlhaur
Timothy ~usfir: $150.aQ/hour
Terri I_. Hammer $ 90.001hour
Mvss & Barnett`s policy ,s to issuE~ monthly billing statements. Specifically,
thi8 irzformat~on includes t}~e date of serviice, an itemizatiAn cif xhe #ask perfQrm~d,
the individual who performs such service, and the cast far such service
Moss ~ Barnett pills time in one-ienih of one-hour ir~cremertts, Thus, the
minimum incremer~f of time bill®d for aaple s~.rvice including pharta calls wiiE bs six
(la) minutes Moss ~ Barnett does dealt rf~imbUrssm~nt for cc~st~ including travel at
$.345 per mile, phato~pying, $.25 per page, as well as long-distance telephorls
and 1Nestlaw (billed at market rates). Il~oss & t3arnett's policy is to sons large
photacppying projects out far professional Gapying tQ rr~duce tine expeRSe
~ssQciatep therewith.
1Nork is generally delegated to assaciaie a'Xtomeys s9 appropriate based on the
level of saphisuca>:ion requ~rea. Tne resulting average Hourly rats generally equals
approxirnataly $175 per hour.
~~i~~~r,