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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_ 471484/1 Apr-09-02 DB:llam From-M05S ~ BARNETT +4900 T-679 P.03/04 F-247 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- - //-- 471464!1 Z 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,