C18-17.2STEVEN D. MANNING
DENNIS B. KASS
ANTHONY J. ELLROD
EUGENE P. RAMIREZ
FREDRIC W. TRESTER
LAWRENCE D. ESTEN
MILDRED K. O'LINN *
ALFRED M. DELA CRUZ
ERWIN A. NEPOMUCENO *
BRIAN T. Moss*
JEFFREY M. LENKOV
MARGUERITE L. JONAK *
JOHN D. MARINO
MICHAEL L. SMITH
LOUIS W. PAPPAS
EUGENE J. EGAN
CLIFFORD A. CLANCEY
RINAT B. KLIER-ERUCH
ROBERT B. ZELMS t
R. ADAM ELLISON
SCOTT WM. DAVENPORT
JASON J. MOLNAR *
DAVID V. ROTH
JENNIFER L. SUPMAN
KATHLEEN A. HUNT *
STEVEN J. RENICK
JAMES E. GIBBONS
DANIEL B. HERBERT*
MARK A. HAGOPIAN
DONALD R. DAY *
D. HIEP TRUONG
MICHAEL A. WEISMANTEL
JANET D. JOHN *
JOHN M. HOCHHAUSLER
ANTHONY S. VITAGLIANOt
KEVIN H. LOUTH
SHARON S. JEFFREY
JOHN M. COWDEN*
DAVID R. REEDER*
TOBY D. BUCHANAN
LADELL H. MUHLESTEIN
RICHARD G. GARCIA
DEBORA VERDIER t
JEANETTE L. DIXON
KENNETH S. KAWABATA
STEVEN AMUNDSON*
RICHARD MACK t
TONY M. SAIN
LALO GARCIA
CHRISTOPHER DATOMI
ANGELA M.POWELL
ANTHONY CANNIZZO
GARY L. POPHAM, JR.*
ROLAND TONG
JONATHAN J. LABRUM*
JONATHON D. SAYRE
KAREN LIAO
ZUBIN FARINPOUR
MATTHEW E. KEARL
JULIE M. FLEMING
ROBERT E. MURPHY *
DONALD R. BECK
ROBERT P.WARGO*
Scorn A. ALLES t
MAHASTI KASHEFI
HEATHER M. ANTONIE
JASON J. DOSHI
GRETHCHEN COLLIN
RODRIGO J. BOZOGHUAN
ADAM ROEHRICK
TONYA N. MORA
EMILY EDWARDS
DANIEL SULLIVAN
PAUL MFTTELSTADT
MAE ALBERTO
BRIAN SMITH
PAUL I-IARSHAW
ANDREA KORNBLAU
MICHAEL WATTS
NISHAN WILDE
LYNN CARPENTER*
DAVID R.RuIz
NATALYA VASYUK
DERIK SARKESIANS
MARK WILSON
CRAIG SMITH
KARLY K. WHITE
KELSEY NICOLAISEN
MANNING &KASS
ELLROD, RAMIREZ, TRESTER LLP
AT7ORNEY:i AT LAR:
DEM
15TH FLOOR AT 801 TOWER
801 SOUTH FIGUEROA STREET
LOS ANGELES, CALIFORNIA 90017-3012
TELEPHONE: (213) 624-6900
FACSIMILE: (213) 624-6999,
WEB SITE: WWW.MANNINGLLP.COM
February 24, 2020
RETAINER AGREEMENT
FAROUK MANSOUR
KIRSIEN BROWN
JAMILEH HAWATMEH
JEFFREY TSAO
ERIN N. COLLINS
JESSICA SPINOLA
TIFFANY HENDERSON
JONATHAN HACK*
DAVID BREITBURG
EMILY ELLSE
CURTIS GOLE
ERIC WAHRBURG
CAROL TREASURE
R. SCOTT HARLAN
COURTNEY CASIANO
BRANDON DAWOODTABAR
COURTNEY ARNOLD
RONALD STEWART
MARLON RUFINO
JOSHUA FERGUSON
SALLY FREEMAN*
CHRISTINE LA VORGNA
DANYALE TAYLOR
LIZETTE ALVARADO
IAN KING
CAMERON ARONSON
SAMANTHA KATTAU
ARTHUR KHURIN*
GRACE COLLER
TANYA PROUTY
ELLEN BURACH-ZION
JOSHUA BABATAHER
JUNE E. POYOUROW
CHRISANNE GULTZ
ANGELA LI
EVGENIA JANSEN
CHELSEA CLAYTON
NICHOLAS SCOTT
AIDE ONTIVEROS
AUNA SOOKASIAN
LUISA ROSARIO
CORY RAY
XENA MASHBURN
LIUT SHAMIRYAN
ANTOINETTE MARINO*
COURTNEY NAKATANI
GLENN JOHNSTON
SPENCER WONG
ELISE DVOROCHKIN
SABIRA SHER.MAN
CLAYTON BLAZEK
RICHARD MCKIE
ALEXANDRIA DAVIS
EDWIN SASAKI
LARAYA PARNELL
AMY COOPER
NICOLE DYER
MADISON JUSCHIN
LAFAYETTE CLARKE
KEVIN D.CAMPBELL
CAMILLE DECAMP
DANE CUMMARO
NICOLE HOIKKA
SHELAN TOMA
JOSEPH HOLMES
SHANE ABERGEL
REGINA PETERS
SARA ANTOUN
RIAHNA BACCHUS
TORI BAKKEN
TRO ISKEDJIAN
BREE BRYDENTHAL
GARROS CHAN
CHRISTINA TAPIA
JOSE A.ROJAS
OF COUNSEI
ARI MARKOW
TRISHA NEWMAN
• Admitted in Multiple )ud:dietioo
( Admitted to Poetics law N Arizona
only
Admitted to Practice law in Alabama
Manning & Kass, Ellrod, Ramirez, Trester, LLP ("Firm) is pleased to have the opportunity
to represent you with regard to the legal needs mentioned below. We look forward to serving you
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. Scope of Engagement. 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 two (2) years after its effective date, unless renewed or extended by the Beaumont City
Council.
Our representation will continue under the terms of this retainer up to and through trial,
settlement, arbitration, dismissal, judgment or any other final resolution of these matters.
If a change of circumstances in the matter calls for a new written retainer, or if we, in our
sole discretion believe a new written retainer is appropriate for any new matter, then a new written
DALLAS
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Telephone: (214) 953-7669
NEW YORK
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Telephone: (2123 858-7769
ORANGE COUNTY
19800 MacArthur Blvd, Suite 900
Irvine, CA 92612
Telephone: (949) 440-6690
PHOENIX
3636 North Central Avenue, 11th Flom
Phoenix, AZ 05012
Telephone: (602) 313-5469
SAN DIEGO
225 Broadway, SAN 1200
San Diego, CA 92101
Telephone: (619) 515-0269
SAN FRANCISCO
One California Street, Suite 900
San Francisco, CA 94111
Telephone: (415) 217-6990
RETAINER AGREEMENT
City of Beaumont
February 24, 2020
Page 2
MANNING (MASS
ELI.,ROi7, RAMIREZ, TRESTER 1.tr
retainer, signed by a partner in our Firm will be required before we will proceed with the case. In
that situation, we will advise you the necessity of a new retainer and we will incur no legal duty to
render any legal services, until and unless we receive the separate retainer, signed by you and all the
terms and conditions of that retainer have been met. The terms of such a retainer will be at our sole
discretion. A change of circumstances may include the inception of mediation, or arbitration, the
commencement of litigation, if we were retained for a matter in which litigation had not yet
commenced, or any other event that we believe in our sole discretion calls for a new retainer.
In addition to the foregoing, after the normal conclusion of services if the Firm or any
member is ever called upon to perform additional services, including producing documents or being
deposed about the matters that were the subject of the representation, you agree to pay the Firm the
associated costs as well as the then -applicable hourly rates for the applicable member's time,
including preparation time.
3. Legal Fees, Billing 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 $250.00 per hour for partners and senior counsel; $225.00 per
hour for associates and $130.00 per hour for law clerks and paralegals. Should the matter require
the specialized services of our Appellate attorneys, the rates for such services are $300.00 per hour
for partners and senior counsel and $250.00 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,
RETAINER AGREEMENT
City of Beaumont
February 24, 2020
Page 3
MANNING&KASS
EURO!), RAM.IREZ, TRESTER LLP
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 AttorneN 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
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
RETAINER AGREEMENT
City of Beaumont
February 24, 2020
Page 4
MANNING &KASS
ELLROD, RAMIREZ, TRESTER up
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.
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 by 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 AEreement. 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.
RETAINER AGREEMENT
City of Beaumont
February 24, 2020
Page 5
MANNING &KASS
EIL.,ROD, RAMIREZ, TRESTER
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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.
CITY OF BEAUMONT
Dated: 3/2'7?oz,0 , 2020 By:
Signature
Print Name
//li
int Title
MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP
Dated:/ , 2020 By:
ping
ging Partner