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C18-17STEVEN D. MANNING LADELL H. MUHLESTEIN EEJUSTUREA DENNIS B. KASS SEVAN COBEL NARINEAVANES ANTHONY J. ELLROD RICHARD G. GARCIA KAVEH HOSSEItNI EUGENE P.. DEBORA t N I_ . TRESTZ FREDRIG W. TRESTER DIXONR ]EANETTE DIXO 11�,II.II``II 1111``11 Z~�.1�Q1 ss MA` G & LAWRENCE D. ESTEN MILDRED K. KENNETH S. KAWABATA JENNIFER ELLROD, RAmmEZ, TRESTER ALFRED M. DE'IL,A CRUZ ON* STEVEN AMU DS DANIEL DUBIN ERWIN A. NEPOMUCENO RICHARD MACK ATTORNEYS AT LAW BRIAN T. MOSS * PAUL HANNA MARK WILSON JEFFREY M. LENKOV TONY M. SAW PAUL MITrELSTADT MARGUERITE L. JONAK * MARILYN R. VICTOR* CRAIG SMITH JOHN D. MARINO MARTIN HOLLY MAE ALBERTO MICHAEL L. SMITH MINAS SAMUELIAN GARRICK P. VANDERFIN LOUIS W. PAPPAS MATTHEW P. NOEL BRIAN SMITH SHARI L. ROSENTHAL LALO GARCIA KELSEY NICOLAISEN EUGENEJ. ELAN GENEW.LEE 15TH FLOOR AT 801 TOWER CLIFFORD A. CLANCEY CHRISTOPHER DATOMI KIRSTEN BROWN RINAT B. KLIER-ERLICH ANTHONY CANNIZZO 801 SOUTH FIGUEROA STREET ROBERT B. ZELMS t JONATHAN J. LABRUM * LOS ANGELES CALIFORNIA 90017-3012 R. ADAM ELLISON JONATHON D. SAYRE t SCOTTWM. DAVENPORT KAREN LIAO TELEPHONE: (213) 624-6900 JASON J. MOLNAR * ANDY J. SEMOTIUK DAVID OBRAND DAVID V. ROTH ]ULIEM. FLEMING FACSIMILE: (213) 624-6999 KATHLEEN E HUNT* ROBERT E. MURPHY* WEB SITE: WWW.MANNINGLLP.COM STEVEN J. RENICK NINA RICCI FRANCISCO Admittcdin Muldple]uriadicttnn JAMES E. GIBBONS DONALD R. BECK LYNELLD.DAVIS DANIEL B. HERBERT * FRANK M. LAFLEUR MARK A. HAGOPIAN ROBERTP.WARGO* March 2 201 8 DAVID GORNEY $COTTA. ALLES t , O SUZIE ZACHAR IRWIN t MAHASTI KASHEFl DONALD R. DAY* LISA WONG D. HIEP TRUONG CHRISTOPHER WARREN MICHAEL A. WEISMANTEL DONALD APPLEGATE JANET D. JOHN * HEATHER M. ANTONIE JOHN M. HOCHHAUSLER JASONJ. DOSHI ANTHONY S. VITAGLIANOt ZUBIN FARINPOUR KEVIN H. LOUTH LAURA MCADAMS SHARON S. JEFFREY GRETHCHEN COLLIN KEITH RICKER t RODRIGO J. BOZOGHLIAN JOHN M. COWDEN* ANGELAM.POWELL DAVID R. REEDER* D. ROCKEY GOODELL M TOBY D. BUCHANAN JENIFER WALLIS* RETAINER AGREEMENT 6 I OANDI MATTHEW E. KEARL EEJUSTUREA JUSTIN SHERGILL NATHAN GROSCH NARINEAVANES LINNA LOANGKOTE ERIK BABAKHANIAN KAVEH HOSSEItNI ADAM ROEHRICK ASHLEY ROLAND TONYAN. MORA ANN KARIUKI EMILY EDWARDS LLP DERIK SARKESIANS JEST WOLNIK SUZANNE FRIAS FATIMA BADREDDINE LILYA DISHCHYAN DANIEL SULLIVAN DANIEL DUBIN HILA GOLCHEr MADINA OMAR MARYAM MALEKIKATHERINE AGBAYANI ALEXANDRA SEIBERT MARK WILSON MICHAEL COOPER JENNY PAK PAUL MITrELSTADT ELIZABETH HANDELIN NICOLETHRELKEL CRAIG SMITH C A. FOSTER Slit KARLY K. WHITE MAE ALBERTO MATTHEW P. OPPEN CATHERINE BARNARD GARRICK P. VANDERFIN MICHAEL KVYAT ALEXANDRA RAMBIS BRIAN SMITH SHAWHEEN SHAFIZADEH GREGORY LEWIS KELSEY NICOLAISEN JUDSON H. PRICE ASHTON MCKINNON JOHN STANLEY FAROUK MANSOUR JORDON FERGUSON* KIRSTEN BROWN PAUL HARSHAW ROBERT DAVIS BRIANA CURRAN JOSEPH CORIATY VICTORIA ORAFA SHARON BASIRATMAND ANDREAKORNBLAU NATALIE ORTIZ HA NGUYEN JAMILEHHAWATMEH ARA BAGHDASSARIAN JEFFREY TSAO ANTHONY WERBIN ERIN N. COLLINS DAVID OBRAND MICHAEL WATTS OF COUNSFA, TRISHANEWMAN Am MARKOW NISHAN WILDE LYNN CARPENTER Admittcdin Muldple]uriadicttnn JEFFREY FISHKIN } Admitted ro P --Law in Arizona LYNELLD.DAVIS o�y j Admitted ro Praztice Law in Alabama DAVID R.Rutz NATALYA VASYUK JESSICA ROSEN VICTOR M. CAMPOS* Manning & Kass, Ellrod, Ramirez, Trester, LLP ("Firm) is pleased to have the opportunity to represent the City of Beaumont with regard to the legal needs mentioned below. We look forward to serving the City effectively, economically and professionally. The purpose of this Agreement is to explain the nature and limitations of our representation, as well as obtain your consent to our fee arrangements which are set forth below. We apologize for the formality of this Agreement, but we believe it is to everyone's benefit for you to understand fully the terms of our representation at the outset. In addition, California Business and Professions Code § 6148 imposes certain obligations upon parties to a legal service contract to memorialize their understanding in writing. 1. Conditions. This Agreement will not take effect, and we will have no obligation to provide any legal services, until we have received a fully executed copy of this Agreement with all required signatures. 2. Scone of of Ent(a�ement. Specifically, this Firm will represent the City of Beaumont in litigation matters as determined by the City of Beaumont and agreed to by this firm. The contract shall expire one year after its effective date, unless renewed or extended by the Beaumont City Council. 3. LeL-al Fees. Billine Policies and Procedures. Our charges for legal services are based on the hourly rates of our professional staff. Professional time is billed in increments of 1/10th of an hour. Our rates for this matter are $225.00 per hour for partners and senior counsel; $200.00 per hour for associates and $125.00 per hour for law clerks and paralegals. Should the DALLAS NEW YORK ORANGE COUNTY PHOENIX SAN DIEGO SAN FRANCISCO 1717 McKinney Ave., Suite 700 One Battery Park Plaza, 4th Floor 19800 MacArthur Blvd, Suite 900 3636 North Central A -rue, 1 I th Floor 5S0 We. C Street, Suite 1900 333 Bush Street, 27th Floor Dallas, TX 75202-1241 New York, NY 10004 Irvine, CA 92612 Phoenix, AZ 85012 San Diego, CA 92101 San Francisco, CA 94104 Telephone: (214) 953-7669 Telephoue:(212) 858-7769 Telephone: (949) 4406690 Telephone: (602) 313-5469 Teleph—(619) SIS -0269 Telephone: (415) 217-6990 RETAINER AGREEMENT City of Beaumont March 2, 2018 Page 2 MANNING KAss ELLROD, RAmim, TREs'TER LLP ArrowaEvser lwUv matter require the specialized services of our Appellate attorneys, the rates for such services are $300 for partners and senior counsel and $250 per hour for associates. We review and adjust these billing rates periodically, and the applicable hourly rates are those in effect at the time the services are performed. We will of course, notify you of any changes in advance. Statements for our services rendered and costs advanced will be due upon receipt. We expect our clients to keep their accounts current at all times. If you dispute the costs or fees billed on any invoice or any portion of an invoice you must, within 15 days of receipt of that invoice, advise us in writing, identifying each entry you dispute and the nature of that dispute. If you do not do so within 15 days we will assume that you do not dispute the costs and fees on that invoice and you expressly waive any right to contest that invoice or any portion of that invoice at a later time. If a billing statement is not paid when due, interest will be charged on the principal balance (fees, costs, and disbursements) shown on the statement. Interest will be calculated by multiplying the unpaid balance by the periodic rate of .833% per month (TEN PERCENT [10%] ANNUAL PERCENTAGE RATE). The unpaid balance will bear interest until paid. 4. Costs and Expenses. In the course of this representation, we may incur certain costs and expenses on your behalf. We will obtain your consent before incurring any cost in excess of $500. Bills we receive will be forwarded to you for direct payment to the service provider. The costs and expenses that we will bill you for include, but are not limited to, process servers' fees, fees fixed by law or assessed by courts or other agencies, court reporters' fees, long distance telephone calls, messenger and other delivery fees, postage, parking, investigation expenses, consultants' fees, computer research services, expert witness fees, telecopies, mileage at the IRS approved rate, in - office photocopying at $ .25 per page, and other similar items. These charges will appear on your monthly statement and, once again, we expect our clients to keep their accounts current. 5. General Responsibilities of Attornev and Client. We will provide services of the type described above, and we will keep you informed of the progress and respond to your inquiries. You will provide us with such factual information and materials as we require to perform the foregoing services, and you will make such business or technical decisions and determinations as are appropriate. It is understood that you are not relying on us for business, investment or accounting decisions or to investigate the character or credit of persons with whom you may be dealing. The Firm routinely uses internet electronic mail to communicate with its clients. While electronic mail is a generally accepted form of communication in the business and legal communities and is considered to be confidential and reliable, using it creates some risk that such communications may be intercepted by, or otherwise disclosed to, third parties. Client assumes all risks associated with using internet electronic mail for communications between this Firm and RETAINER AGREEMENT City of Beaumont March 2, 2018 Page 3 MANNINGKASs ELLROD, RAmmz, TREsTER LLP Armwhrs at lww Client. If Client considers communications to be of such a nature that this risk is unacceptable, Client must advise Firm in writing and request not to communicate by electronic mail. In such cases, Client shall be responsible for all additional costs associated with using alternative means of communication. 6. Disclaimer of Result Guarantee. This fee agreement is not contingent upon the ultimate outcome of your legal needs. Sometimes, the final result is not in accordance with a client's hopes and expectations. Nothing in this agreement and nothing in our statements to you will be construed as a promise or guarantee about the outcome of your legal matter. We make no such promises or guarantees. Our comments about the outcome of your matter, if any, are mere expressions of opinion only. 7. Discharge and Withdrawal. You may discharge us at any time for any reason. In addition, it is understood that we may terminate our legal services and withdraw from this engagement with your consent or for good cause. Good cause includes any breach of this agreement, failure to pay our fees and other charges promptly, refusal to cooperate with us or to follow our advice on a material matter or any other fact or circumstance that would render our continuing representation unlawful or unethical. In the event our engagement is terminated for any reason, you will continue to be obligated for our services and other charges incurred before the termination date. If we are required to take legal action to recover our fees for professional services or expenses incurred, you will be responsible for all court costs and attorney's fees incurred. After the conclusion of our services which are the subject of this Agreement, whether by discharge, withdrawal, normal conclusion of this matter, or otherwise, if the Firm or any attorney of the Firm is ever called upon to perform additional services, including giving testimony in any deposition or court proceeding, about the subject matter of this representation, you agree to pay the Firm the hourly rates set forth herein for the applicable attorney's time, including preparation time. No legal action, including the arbitration proceedings described in paragraph 10 may be brought by you for any cause of action against Manning & Kass, Ellrod, Ramirez, Trester LLP or any agent or employee of Manning & Kass, Ellrod, Ramirez, Trester LLP, unless you have complied with all the terms and provisions of this Agreement. 8. Retention of Records. You agree that the Firm will retain all documents relevant to the legal services provided to you, including all documents you have furnished to us, for a period of five years from the date our services have concluded (or if a minor is involved, until the minor reaches majority, if longer). After that five year period has expired you agree that the file and all retained documents may be destroyed unless you contact our office at least ninety days prior to the expiration of that five year period and arrange to pick up the file. 9. Insurance Disclosure. This firm does maintain errors and omissions insurance coverage applicable to the services to be rendered. RETAINER AGREEMENT City of Beaumont March 2, 2018 Page 4 MANNING&KAss ELLROD, RAMIREZ, TRESTER LLP 10. Arbitration. In any dispute arising out of, or related to, a claimed breach of this Agreement, the professional services rendered by us, or your failure to pay fees for professional services and other expenses specified, or any other disagreement of any nature, type or description regardless of the facts or the legal theories which may be involved, such dispute shall be resolved by binding arbitration by an arbitrator mutually agreed upon by the parties. In the event that the parties cannot agree, each party shall choose an arbitrator, and those two arbitrators shall then select a single neutral arbitrator who will hear the dispute. Discovery for this binding arbitration shall be limited to that which is allowed under the California Municipal Court statutes, including all rights and remedies thereunder. The arbitration shall take place in the County of Los Angeles unless otherwise agreed upon in writing. Except as mentioned in Paragraph 8 above, each party shall bear its own attorney fees and costs. 11. Survival. In the event that any provision of this Agreement is deemed to be illegal or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions hereof, all of which shall remain in full force and effect. 12. Received b` Client. Client's signature acknowledges receipt of this Agreement and assent to its terms. Please review this Agreement carefully and, after signing it, return the document to the Firm. 13. Entire AL-reement. This writing constitutes the entire agreement between the parties concerning the engagement described in Paragraph 2. It supersedes all prior agreements and understandings, written or oral, and no representations by the parties, written or oral, are binding unless expressly stated in this Retainer Agreement. The Retainer Agreement may be modified only in a writing signed by all the parties to this Retainer Agreement. In the event that the Firm provides additional legal services to you outside the scope of the engagement described in Paragraph 2 without the parties entering into a separate written agreement, the terms of that representation will be governed by the provisions of this Agreement to the extent applicable and not inconsistent with such representation. We are pleased that you have selected Manning & Kass, Ellrod, Ramirez, Trester LLP as your counsel in this matter. Your signature below confirms that you have read this Agreement and agree to be bound by its terms. Further, we will assume you assent to the terms of this Agreement, whether signed or not, if you accept our legal services without objecting to any of the terms of this Agreement in writing. Dated:; b, , 2018 CITY OF BEAUMONT 1 B. ature tiqu_ Print Name RETAINER AGREEMENT City of Beaumont March 2, 2018 Page 5 Dated: - 2018 MANNING KASS ELLROD, RAIv mz, TRESTER LLP - Arro.,r I, Print Title MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP Steven D. Manning Managing Partner