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04-1233�j i Council File # � �1 � f °2`3� Green Sheet # �3, RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To 2_Z Committee: Date 1 2 3 4 5 6 7 8 9 10 11 WHEREAS, the City of Saint Paui has the need for lobbying services far the city and wishes to retain Leonard, Street and Deinazd, Professional Association for those services; and WHEREAS, the proposed lobbying agreement is attached to this resolution; and WHEREAS, pursuant to the Saint Paul Administrative Code, Section 45.03, as adopted by the City Council November 24, 2004, requires prior authorization by the City Council for any lobbyist to engage in lobbying activities on behalf of the city; and RESOLVED, That the Council of the City of Saint Paul approve the retention of Leonard, Street and Deinard, Professional Association, as City Lobbyists. Requested by Department of: Adopted by Council: Date Q/ Adoption Certi£ied by Council By: . Form By: _ by City Attorney Mayor By: / Approved y yor: Date By: ,� �� ps/- ��33 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �V1� 'Mayots Office Contact Person 8 Phone: Dennis Flaherty 2668510 Council Agemia by (Date): _� n .. Date Initiated: 21-DEC-04 � Agsign Number For Routing Ord¢f Total # of Signature Pages _(Clip All Locations for Signature) Action RequeSted: Resolution for approval of a lobbying con�act pursuant to St. Paul Adininistrative Code Chapter 45. �dations: Approve (A) or R Planning Commission CIB Cwnmittee Civi! Service Commission Personal Must Questions: 7. Has this person/firm ever worked under a contract for this depaAment? Yes No 2. Has this personlfirm ever bee� a city empbyee? Yes No 3. Does 4his personlfirm possess a skifl r�ot normal;y possessed by any _ anent city employee? Yes No Expiairt all yes answers on separete sheet and attach to greere sheet Green Sheet NO: 3024735 0 a o ' ftic 1 0•s O �ce De a ent ir or � 2 � Attorn _____,� 3 or's Offc Ma or ssis[a t a u e"1 5 i C7erk Ci ler Initiati�g Problem, Issues, Opportunity (Who, What, When, Where, Why): - Advantages If Approved: Provide lobbying services. DisadvanWqes If Approvetl: None. Disadvantages If Not Approved: Lack of lobbying services. Total Amount of 20000 Trensaction: Funding Source: Financial frrtormation: (ExR��n) CosURevenue Butlgeted: Activiry Number, ��- ia� � Agreement # 02- Between the City of Saint Paul and Leonard, Street and Deinard, Professional Association THIS AGREEMENT, made and entered into this _ day of , 2004, by and betcveen the City of Saint Paul, Minnesota, a municipal corporarion under the laws of the State of Minnesota, hereinafter refened to as "City," and Leonard, Street and Deinard, Professional Association whose address is S00 Lawson Commons, 380 St. Peter Street, St. Paul, MN. 55102, hereinafter referred to as"Lobbyist". The City and Lobbyist in considerarion of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, agree as follows: SECTION 1: Scope of Services. A. Lobbyist, the Government Relations Group within Leonard, Street and Deinard Professional Association, agrees to provide lobbying services to the City of St. Paul, as described in its draft proposal and letter dated December 15, 2004, attached as Attachment A. The specific tasks, del]verables, time lines, eta that make up these services are described herein. The Agreement shall be in compliance with Saint Paul Administrative Code, Chapter 45, as adopted by the Saint Paul City Councii, November 24, 2004. Where appropriate, other members of the Leonard, Street and Deinazd Government Relations Group will be utilized on behalf of the City ., of St. Paul. Paul D. Cassidy will be the primary contact on this matter and will be responsible for the day-to-day efforts the Lobbyist undertakes on behalf of the City of St. Paul. SECTION 2: Time For Completion. A. The services rendered by L,obbyist shall be commenced upon execution of the Agreement and notification by the City to proceed and will be completed in accordance with the schedule mutually agreed upon with the City, which includes lobbying to commence immediately and conclude at conclude at the end of the regular session of the 2005 Minnesota Legislature or May 31, 2005, whichever comes first. B. Lobbyist shall not proceed with any task without specific authorization from the Project Manager designated by the Ciry. C. In the event there are delays caused by actions of the City or which may be reasonably requested by the Lobbyist which can change the completion date, Lobbyist shall request an extension of time for completion of the project. The Project Manager will review the request and may grant to the Lobbyist such extensions of contract tlme as may be reasonable. SECTION 3: Billings and Payment. A. That for LobbyisYs faithful performance of this Agreement, the Ciry hereby ag�ees to compensate the Lobbyist ]n the amounts and according to the following schedule. O�f-1a33 Fees for tlus service will be $20,000 ofwhich an initial payment of $10,00� shall be paid by December 31, 2004. The remaining balance of $10,000 shail be paid in five equal montttly installments of $2,000 beginuing in January 2005 and concluding May 2005. B. Attachment A shall serve as the invoice for the initial payment of $10,000, payable by December 31, 2004. Subsequently, the Lobbyist will submit a monthly itemized invoice to the City, which will include any reasonable expenses they incur on the City's behal£ Upon receipt of the invoice and verificafion of the charges by the Project Manager, payment shali be made by the City to Lobbyist within thirty (30) days. A copy of the LobbyisYs Billing Policy Statement is attached, as Attachment B, and is incorporated as part of the terms of this Agreement. The Lobbyist reserves the right to stop work an the event any bills are not paid in a timely manner. C. The above amounts shall fuliy compensate the Lobbyist for all costs. No ciaim for services and/or costs provided by the Lobbyist not specifically provided for in this Agreement will be honored by the City. Total costs for the proj ect sha11 not exceed $20,000. D. In the event the Lobbyist fails to comply with any terms or conditions of the Agreement ar to provide in any manner the work ar services as agreed to herein, the City reserves the right to withhoid any payment until the City is satisfied that corrective action has been taken or completed. This option is in addition to and not in lieu of the City's right to termination as provided in other secrions of this Ageement. SECTION 4: Project Management. A. The Cityrequires the Lobbyist to assign specific indivaduals as principal project members and to assure that the majorwork and coordinarionwill remain the responsibility ofthese individuais during the term of this Agreement. Removal of any principal project member without replacement by equally qualified individuals or without the prior written approval of the City is grounds for termination of the Agreement by the City. Lobbyist's principal project members are: Paul D. Cassidy B. The City has designated Dennis Flaherty as the Project Manager for this Agreement, and the individual to whom all communications pertaining to the Agreement shall be addressed. The Project Manager shall have the authority to transmit inshuctions, receive information, authorize amendments or changes to the Agreement, and interpret and define the City's policies and decisions pertinent to the wark covered by this Agreement. SECTION S: City Responsibilities. A. The City agrees to provide Lobbyist with access to anyinformation from Citydocuments, staff, and other sources needed by Lobbyist to complete the work described herein. SECTIQN 6: Work Products, Records, Dissemination of Information. 2 D�f -1a33 A. For putposes ofthis Agreement, the following words and phrases shall have the meanings set forth in ttris section, except where the context clearly indicates that a different meaning is intended. "Work product" shall mean, any report, recommendarion, paper, presentation, dtawing, demonstration, or other materials, wflether in written, electronic, ar other format that results from LobbyisYs services under this Agreement. "Supporting documentation " shall mean any surveys, quesfionnaires, notes, research, papers, analyses, whether written electronic, or in other form, and other evidences used to generate any and all wark performed and work products generated under this Agreement. `Business records" shall mean any books, documents, papers, account records and other evidences, whether wririen, electronic, or in other form, belonging to Lobbyist and pertaining to work performed under this Agreement. B. All deliverable work products and supporting documentation that result from the LobbyisYs services under this Agreement shall be delivered to the City and shall become the property of the City after final payment is made to the Lobbyist with no right, title, or interest in said work products or supporting documentation vesting in Lobbyist . C. The Lobbyist agrees not to release, transmit, or other wide disseminate any information associated with or generated as a result of the work performed under this Agreement without prior knowledge and written consent of the City. D. I n t he e vent o f termination, a Il w ork p roducts, w hether f inished o r u nfinished, a nd supporting docusnentation p repared by Lobbyist under this Agreement shall be delivered by Lobbyist to the City by the termination date and there shall be no further obligation of the City to Lobbyist except for payment of amounts due and owing for any authorized work performed and expenses incurred to the date and time of termination. E. Lobbyist agrees to maintain all business records in such a manner as will readily conform to the terms ofthis Agreement and to make such records available at its office at all reasonabie times during the Agreement period and for six (6) years from the date of the final payment under the contract for inspection or audit by the City, the State Auditor, or other duly authorized representative. F. Lob6yist agraes to abide strictlyby Chapter 13, Minnesota C�overnment Data Pracrice Act, and in particular Minn. 5tat.§ §13.05, subd. 6 and ll; and 13.37, subd. ](b) and Minn. Stat.§§ 138.17 and 15.17. All of the data created, collected, received, stored, used, maintained, or disseminated by the Lobbyist is subject to the requirements of the Minnesota Government Data Practices Act and the Lobbyist must comply with these requirements as if it were a governmenfal 3 ��- i�33 enrity. The remedies in Secrion 13.08 apply to the Lobbyist. If any provision in this Ageement is in conflict with the Minnesota Govemment Data Practices Act or other Miunesota state laws, state law shall control. SECTION 7: Equal Opportunity Employmen� A. The Lobbyist will not discriminate against any employee or applicant for employment for work under this A�eement because of race, creed, religion, color, sex, sexual or affecrional orientation, national origin, ancestry, familial status, age, disability, marital status, or status with regard to public assistance and will take affirniarive steps to ensure that applicants are employed and employees are treated during employment without regard to the same.. This provision shali include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising, layoff or termination; rates of pay or their forms of compensation; and, selection for training, including apprenticeship. SECTION 8: Compliance With Applicable Law. A. Lobbyist agrees to comply with all federal, state, and locai laws or ordinances, and ail applicable rules, regulations, and standards established by any agency of such governmental units, which are now or herea8er promulgated insofar as they relate to the LobbyisYs.performance of the provisions of this Agreement. It shall be the obiigation of the Lobbyist to appiy for, pay far, and obtain ail permits andfor licenses required. SECTION 9: Conflict of Interes� A. Lobbyi st will not contract for or accept employment for the performance of any work or services with anyindividual, business, corporarion, or govemmenta] unit that would create a conflict of interest in the performance of the obligations pursuant to this Agreement with the City. Including but not limited to conflicts with any city policy or position. At this time, the Lobbyist is not aware of any conflicts that would prevent them from representing the City. B. LobbyisYs acceptance ofthis Agreement indicates compiiance with Chapter 24.03 ofthe Saint Paul Administrative Code: "Except as permitted by law, no City officiai or employee shall be a party to or have a direct financial interest in any sale, lease, or contract with the City." C. Lobbyist agrees that should any conflict or potential conflict of interest becomes known, Lobbyist will advise the Purchasing Systems Manager of the situation so that a dete�nination can be made about Lobbyist's ability to continue performing services under the Agreement. D. Attached to this Agreement, as Attachment B, is the Lobbyist's complete list ofall current clients, including representation an any type, full-time or part-time. This list shall be provided to the City quarterly during the time period of the Agreement. SECTION 10: Insurance. 0 b�-1��3 A. I.obbyist shall be required to cany insurance of the kind and in the atnounts shown below for the life of the contract. Insurance certificates should state that the City of Saint Paul, its officials, employees, agents and representatives aze named as Additional Insureds. 1. Public Liabilitv Insurance a) Bodily In}ury $ 1,000,000 $ 2,000,000 each occurrence aggegate b) Property Damage $ 1,000,000 $ 2,000,000 each accident aggregate c) Policy must include an"all services, products, or completed operations" endorsement. 2. Automobile Insurance a) Bodily Injury $ 750,000 per person $ 1,000,000 per accident b) Property damage not less than $50,000 per accident Warkers Compensation and Em�loyer's Liability a) Worker's Compensation per Minnesota Statute b) Employer's Liability shall have minimum limits of $500,000 per accident; � $500,000 per employee; $500,000 per disease policy limit. c) Contractors (Providers) with 10 or fewer employees who do not have Worker's Compensation coverage are required to provide the City with a letter verifying their number of employees. 4. Professional Liability Insurance $1,000,000 per occurrence $2,fl00,000 aggregate 5. General Insurance Requirements a) The policy is to be written on an occurrence basis or as acceptable to the City. Certificate of insurance must indicate if the policy is issued on a claims-made or occurrence basis. All certificates of insurance shall provide that the City's Division of Contract and Analysis Services be given not less than thirty (30) days prior wriuen norice of cancellation, non-renewai or any material changes in tYie policy, including, but not limited to, coverage amounts. Agent must state on the certificate if policy includes enors and omissions coverage. b) The Lobbyist shall not commence work until a Certificate of Insurance 0�{ l� 33 covering all of the insurance required for this project is approved and the project manager has issued a nofice to proceed. Insurance must remain in piace for the duration of the original contract and any extensions periods. c) The City reserves the right to review Contractor's insurance policies at any rime, to verify that City requirements have been met. d) Nothing shall preclude the City from requiring Contractor to purchase and provide evidence of addirional insurance. e) Sarisfaction of policy and endorsement requirements for General Liability and Auto Insurance, of "each occurrence" and "aggregate" limits, can be met with an umbrella or excess policy with the same minimum monetary limits written on an occunence basis, providing it is written by the same insurance carrier. SECTIOlV 11: Independent Contractor. A. It is agreed by the parties that, at all times and for all piuposes within the scope of this Agreement, the relationship of the Lobbyist to the City is that of independent contractor and not that of employee. No statement contained in this Agreement shall be conshued so as to find Lobbyist an employee of the City, and Lobbyist sha11 be entitled to none of the rights, privileges, ar benefits of Saint Paul° employees. � � SECTION 12. Subcontracting. A. The L,obbyist a�ees not to enter into any subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the City. SECTION 13. Hold Harmless. A. The Lobbyist sha11 indemnify, save, hoid harmless, protect, and defend the City, its officers, agents, and employees from ail claims, acfions or suits of any character brought for or on account of any claimed ar alleged injuries or damages received by any person or property, including the City, resulting from any act or omission by any person employed by Lobbyist in canying out the terms of this Agreement. SECTION 14. Assignment. A. The City and Lobbyist each binds itself an its successors, legal representarives, and assigns of such other party, with respect to all covenant of this A�eement; and neither the City nor the Lobbyist will assign or transfer their interest in this Agreement without the written consent of the other. SECTION 15. Termination. A. This Agreement will continue in full force and effect until completion of the project as described herein unless it is terminated at an earlier date by either party. The City may terminate this 0 Olf Agreement by giving no less than tlurty (30) days written norice of the mtent to terminate to the Lobbyist. B. With Cause. The City reserves the right to suspend or terminate this Agreement if the Lobbyist violates any ofthe terms or conditions ofthis Agreement or does not fulfill, in a tunely and proper manner, its obligarions under this Agreement as deternuned by the City. In the event that the City exercises its right to withhold payment or tenniiiate under this Section, it shall submit written notice to the I.obbyist specifying the extent of such withholding or termination under this Section, the reasons therefore, and the date upon which such withholding or termination becomes effective. Upon receipt of such notice, the Lobbyist shall take all actions necessary to discontinue further commihnents of funds to the extent that they relate to the suspended or terminated portions of this Agreement. C. In the event of termination, the City will pay Lobbyist for all service actually, timely, and faithfully rendered up to the receipt of the notice of termination and thereafter until the date of termination. The Lobbyist will deliver all warkproducts and supporting documentation developed up to the date of termination priar to the City rendering final payment for service. SECTION 16: Default by Lobbyist. - Irn the event Lobbyist . fails or neglects to comply- with any term or conditiom of this , Agreement or to provide the services as stated herein, City shall have the right, after written notice, to cease payment hereunder. This remedy shall be an addition to any other remedies; fncluding termination,'available to the City in law or equity. The City shali be entitled to recover reasonabie attorney's fees and costs of collection associated with enforcing its rights hereunder. SECTION 17: Amendment or Changes to Agreement. A. Cityor Lobbyist mayrequest changes that would increase, decrease, or otherwise modify the Scope of Services. Such changes and method of compensation must be authorized in writing in advance by the City. B. Any alterations, amendments, delerions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the parties. C. Modifications or additional schedules shall not be construed to adversely affect vested ri�ts or causes of action which have a ccrued p rior to the effective date of such amendment, modification, or supplement. The term "this AgreemenY' as used herein shall be deemed to include any future amendments, modifications, and additional schedules made in accordance herewith. SECTTON 18. Notices. Except as otherwise stated in this Agreement, any notice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices or other communicarions shall be addressed as follows: 7 � � �a33 To City: Dennis Flaherty Mayor's Office, City of St. Paul, 390 City Hall St. Paul, MN 55102 To Lobbyist: Paul D. Cassidy Leonard, Street and Deinard Professional Association 500 Lawson Cornmons 380 St. Peter Sh�eet St. Paul, MN 55102 SECTION 14. Waiver. Any failure of a party to assert any right under this Agreement shall not const3tute a waiver or a termination of that right, this Agreement, or any of this AgreemenYs provisions. SECTION 20. Survival of Obligation. A. The respecrive obligations of the City and Lobbyist under these terms and conditions, which by their nature would conrinue beyond the termination, cancellation, ar expiration hereof, shall survive terntination, cancellation or expiration hereof. B. If a court or governmental agencywith proper jurisdiction determines that this Agreement, or a provision herein is unlawful, thas Agreement or that provision, shall terminate. If a provision is so terminated but the parties legally, commercially, and practicably can continue this Agreement �vithouY the tarminated provision the remainder of this �greement shall confinue in:effect. SECTION 21. Interpretation of Agreement, Venue: A. Tlus Agreement shall be interpreted and construed according to the laws of the Stat� of Minnesota. All litigation related to this Agreement shall be venued in the District Court of the County of Ramsey, Second Judicial District, State of Minnesota. SECTION 22. Force Majeure. Neither the City nor the Lobbyist shall be held responsibie for performance if its performance is prevented by acts or events beyond the party's reasonable control including, but not limited to: severe weather and storms, earthquake or other natural occurrences, sh and other labor unrest, power failures electrical power surges or cunent fluctuations, nuclear or other civil military emergences, or acts of legislative, judicial, executive, or administrative authorities. SECTION 23. Entire Agreement. A. It is understood and agreed that this enrire Agreement supersedes all oral agreements and negotiarions between the parties relating to the subject matters herein. IN WITNESS WHEREOF, the parties hereto are authorized signatories and have executed this Agreement, the day and year first above written. 0� For the City of Saint Paul: Approved as to form: Assistant City Attorney Executed.• Mayor or Designee Director, of Financial Services Funding: Acrivity # For the Lobbyist: By Its S Its TaxpayerID: � D�- ia33 ATTACFIMENT A Draft December 15, 2004 Paul D. Cassidy (612) 335-1877 paul.cassidy@leonard.com Dennis Flaherty, Deputy Mayor Office of the Mayor City of St. Paul 340 City Hall 15 West Kellogg Blvd. Saint Paul, NIN 55102 Re: Legisiative Representation—City of S� Paul Dear Mr. Flaherty: We are pleased to accept an engagement from the City of St. Paul to represent the City before the Minnesota I.egislature. This engagement shall commence immediately and conclude at the end of the regular session of the 2005 Minnesota Legislature ar May 31, 2005, whichever comes fust. Our fees for this engagement will be $20,000 of which an nritial payment of $10,000 shall be paid by December 31, 2004. The remaiiung balance of $1 Q000 sha11 be paid in five equal monthly installments of $2,000 begimiing in January 2005 and concluding May 2005. Where appropriate, 10 � /�33 other meznbers of the Leanard, Street and Deinard Goverrunent Relations Group will be urilized on behaif of the City of St. Paul. I will be your primary contact on this matter and will be responsible for the day-to-day efforts we undertake on bebalf of the City of St. Paul. This letter shall serve as your invoice for the initial payment of $10,000, payable by December 31, 2004. Subseyuently, we will submit a monthly invoice to you, which will include any reasonable eacpenses we incur on your behalf. A copy of our Billing Policy Statement is attached for your review and is incorporated as part of the teims of this engagement. We reserve the right to stop work in the event any biils are not paid in a timely manner. Of course, we do not eapect trus to be a problem. If you have any questions about the bilis at any time, please call me for clarificafion. Leonard, Sh�eet and Deinard, P.A. shali be under no obligation to undertake or continue services on any project if it deems such service to be in conflict with the interests of another client or with the principles of legal ethics. At this time, we are not awaze of any conflicts t�at would prevent us from representing the City of St. Paul. If you aze in agreement with these terms, please sign both copies of this letter in the indicated space below, insert your ride and rehun one copy to me. Thank you for the opportunity to represent the City of St. Pau1 and we look forward to workingwith you. Sincerely, LEONARD, STREET AND DEINARD PROFESSIONAL ASSOCIATION Paul D. Cassidy Duector of Crovernment Relarions I understand and a�ee to the foregoing terms. December , 2004 Title il T'f /�33 cc: Nancy Haas, Esq. Deputy Chief of Staff 12 �1�-1��3 The Client Covenant. Our Promises to Our Clients Since its founding in i922, Leonard, Sh�eet and Deinard has helped generations of clients achieve their husiness objectives. Our clients desire quality legal work, responsiveness, flexibility and predictability. In response, Leonazd, Street and Deinard makes these promises to our clients. - Locr Noteboom, President PromiseNo.z: Quality We will provide you with exeellent professional services consistent with the high standards Leonard, Street and Deinard has maintained since its founding in i922. Specifically, we will: � Make every effort to achieue the result you want; • Deliver all services with integrity and commitment to professional and ethical standards, including the rules governing conflicts of interest; • Provide research, due diligence, drafting and other preparation appropriate to the task, and consistent with directions received from you. PromiseNo.2: Predictability We will do everything possible to avoid surprises concerning your costs, risks and likely results. Specifically, we will: • At the outset, give you our considered and candid opinion as to the available options, risks and likely outcome of negotiation, litigation or other methods of resolving disputed matters; . Agree with you on the strategy and specific course of action to be pursued on your matter; . Prepare a written budget or estimate of our fees when appropriate, including a breakdown for each phase of the work on major matters; and • Prompfly inform you if there is a change in the assumptions or scope of work upon which the budget or fee estimate is based. Promise No. 3: Contr�olled Fees and Costs We will take all reasonable steps to control your legal fees. Specifically, we will: • Assign staff at appropriate levels for each task to be performed; • Avoid changing assignments on your matters without consulting with you; • Avoid unnecessary duplicate representation at meetings, depositions and hearings; • Avoid interoffice conferences except when necessary to develop strategy, add required expertise, or effectively administer a complex matter; • Provide the opportuniry for you or your employees to perform tasks where it is more cost efficient to do so; and • Discuss with you alternatives to billing on an hourly basis such as a blended rate, contingent fee, fixed fee, retainer agreement or discount for an agreed upon volume of work. We will also control out-of-pocket costs and disbursements charged to you. Specifically, we will: 13 D�!- I�3 • Use messenger and ovemight mail services only as directed or requested by you, or when absolutely necessary; • Limit our chazges for photocopying, computer research, long distance phone calls, messenger services and other disbursements to our cost; • Consult with you in advance as to the use of any local counsel and outside consultants; and • Arrange air travel suffieienfly in advance, and make our hotel and ground travel selections so as to minimiae the cost to you. Promise No. 4: Access and Prompt Commwnication We will keep you fully informed ahout all matters we are handling for you, make ourselves available to you at all times and respond quickly to your communication. Specifically, we will make every effort to: • Fumish you with multiple means to access us at all times induding faz�, E-mail and telephone; • Respond to your fa�ces, E-mail and calls within the same business day; • Provide you with regular updates on the status of all matters we are handling for you; • Furnish you with copies of all documents and relevant communications regarding your transaction and all court papers for your comment before they are submitted; and • Refer all media inquiries to you unless otherwise directed. PromiseNo. �: Teamwork We will work with you as a team. Specifically, we will: • Listen to you, understand your preferred outcomes and make e�ery effort to achieve them; • Consult you in all significant decisions relating to your matter, including those likely to affect cost or outcome; and • Invite you to attend significant meetings, hearings and other events affecting your matter. Promise No. 6: Opportunity to Evaluate Our Services We will regularly ask for your feedback on how we have fulfilled our commitments to you. Specifically, we will: • Annually ask you and our other clients about your satisfaction with our services; • Make a senior attorney available to discuss any questions, concems or suggestions regarding our services; and • Respond to your concerns and suggestions. 14 a�-�a33 r�;�u� LEQNARD, STREET AND DEINARD BILLIlVG POLICY 3TATEMENT We are pleased to havethe opportunityto provide legal services to you. Withthis Statement, we hope to avoid confixsion or misunderstanding by explau�iug how and when we bill for those services. Usualiy, we bill for our services in arange ofho�lyrates. The appropriate rate is dependent upon a variety of factors, such as the type of wark invoived, the level of expertise required, the experience of the attomeys involved, and the magnitude ofthe matter. Our rates are subject to modification from time to time. In some instances, where the result we achieve is extraordulary, a fee based on that result may be appropriate. W e will provide you with a monthly statement that summarizes the professional services rendered and other charges. Payment is due upon your receipt of the statement. If you have any questions or concerns about the statement, we encourage you to express those concems promptly to your attomey or the Billing Department (b12/335-1505). Out-of-pocket costs incurred on your behalf will appear on your monthly statement. Out-of- pocket costs include such items as court filingfees, witness fees, deposifion fees, expertwitness fees, etc. When applicable, you will also be charged for other miscellaneous items such as long distance telephone charges, messenger servaces, facsunile charges and copying charges. These charges will appear separately on the statement and are due upon receipt of the statement. In the event your account becomes delinquent, you should contact us and we will make every effort to reach mutually a�eeable payment terms. I� however, we are unable to do so, we reserve the right to withdraw as your legal counsel or, where necessary or appropriate, take such collection steps, as we may deem appropriate under the circumstances. We appreciate the confidence you have placed in us, and we look forward to a continued good relarionship. 15 (�1T� �-I-r°t'1ti�� � 1� 1�.�� Leonard, Street and Deinard's Government Relations Clients