HomeMy WebLinkAboutContract 1634 1600 Iowa Avenue - Suite 250
Riverside, California 92507-7426 16V(
voice 951.788.0100 - fax 951.788.5785
BURKE, WILLIAMS & SORENSEN, LLP www.bwslaw.com
Direct No.: 951.801.6625
evail @bwslaw.com
November 30, 2015
Charlie McClendon, City Manager
City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, California
Re: Retainer Agreement for Legal Services
Dear Mr. McClendon:
We are pleased to represent the City of Cathedral City with respect to the
matters described in this Agreement. The following sets forth the terms pursuant to
which BURKE, WILLIAMS & SORENSEN, LLP ("Burke") and the CITY OF
CATHEDRAL CITY ("Client") agree that Burke will provide legal services to Client
("Agreement"). The hallmark of any productive professional relationship is effective
communication, and we would invite you to contact us at any time during or after our
representation with regard to any questions you may have associated with our
representation or the matters described herein.
Eric S. Vail shall be the City's designated City Attorney. Any change to the
designation of the City Attorney shall require prior consultation with the City Manager
and the City Council. Erica L. Vega shall be the City's designated Assistant City
Attorney. In the absence of the City Attorney, the Assistant City Attorney may act on
behalf of the City Attorney. The assignment of all other Burke personnel to Client's
work shall be the sole responsibility and at the sole discretion of Burke.
1. CONDITIONS. This Agreement will not take effect, and Burke will have
no obligation to provide legal services, until Client returns a signed original of this
Agreement to Burke. The Parties anticipate that Client will consider the Agreement for
approval on December 9, 2015. However, the effective date of this Agreement will be
January 1, 2016.
2. SCOPE OF SERVICES. Client hires Burke to provide legal services in the
matters set forth in Attachment "A" to this Agreement. No representation outside of the
matters set forth in Attachment "A" to this Agreement shall be provided by Burke to
Client. No representation of any directors, officers, employees, shareholders, or any
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BURKE, WILLIAMS & SORENSEN, LLP
November 30, 2015
Page 2
other persons or entities affiliated with Client shall be provided unless such
representation is expressly included in Attachment "A" to this Agreement. Burke will
provide those legal services reasonably required to represent Client. Burke will take
reasonable steps to keep Client informed of progress and to respond to Client's
inquiries. If a court action is filed, Burke will represent Client through trial and post-trial
motions. This Agreement does not cover representation on appeal or in execution
proceedings after judgment. Separate arrangements must be agreed to for those
services. Services in any matter not described above will require a separate written
agreement or a written modification to this Agreement.
3. CLIENT'S DUTIES. Client agrees to be truthful with Burke, to cooperate,
to keep Burke informed of any information or developments which may come to Client's
attention, to abide by this Agreement, to pay Burke's bills on time, and to keep Burke
advised of Client's address, telephone number, and whereabouts. Client will assist
Burke in providing necessary information and documents and will appear when
necessary at legal proceedings.
4. CONFLICTS OF INTEREST. Before accepting representation of Client,
Burke has undertaken reasonable and customary efforts to determine whether there are
any potential conflicts of interest or adversity of positions between Client and any other
person or entity that would bar Burke from representing Client in general or in any of the
specific matters listed in Attachment "A". Burke has reviewed this issue in accordance
with the Rules of Professional Conduct adopted in California. Burke believes that those
rules, rather than the rules of any other jurisdiction, are applicable to Client's
representation. Client's execution and return of the enclosed copy of this letter
represents an express agreement to the applicability of the Rules of Professional
Conduct adopted in California to any and all representation arising under this
Agreement.
5. DISCLOSURE. Pursuant to the requirements of California Business &
Professions Code Section 6148, Burke hereby discloses that it maintains professional
errors and omissions insurance.
6. LEGAL FEES AND BILLING PRACTICES. Client agrees to pay the
monthly Not-To-Exceed Retainer ("Retainer") fee and the hourly rates for non-Retainer
legal services, as specified in Attachment "B" to this Agreement, as performed by Burke.
The Retainer fee is a fixed fee which Client agrees to pay regardless of the
actual number of work hours Burke provides under the retainer each month. The
Retainer fee set forth in Attachment "B" is based on the Parties' estimate that Client will
utilize approximately 150 hours of the general legal services as described in Attachment
BURKE, WILLIAMS & SORENSEN, LLP
November 30, 2015
Page 3
"A" on average each month. Client and Burke understand that the amount of hours will
fluctuate each month with some months being lower and some being higher than the
estimated average. The Parties agree to jointly review the Retainer fee beginning July
1, 2016 to determine whether the estimated number of hours allocated to the Retainer is
an accurate reflection of Client's need for general legal services. The Parties may
mutually agree to increase or decrease the Retainer fee based on a more accurate
understanding of Client's need for and utilization of general legal services. Thereafter,
the Parties shall review the Retainer fee on an annual basis.
Burke's hourly rates for additional legal services described shall remain
unchanged through December 31, 2016. Thereafter, the hourly rates for Reimbursable
Services are subject to change on 30 days' written notice to Client. Hourly rates for
other legal services specified in Attachment "B" (e.g. Labor Negotiations, Litigation,
etc.,) shall automatically increase January 1st of 2017, and then annually thereafter as
based on the U.S. Department of Labor Bureau of Labor Statistics Los Angeles-
Riverside-Orange County Consumer Price Index-All Urban Consumers ("CPI-U"), using
the CPI-U for each prior October as the base and the value to escalate the hourly rates
in the ratio of the most recent October CPI-U value, rounded up to the nearest $5
increment. The U.S. Dept. of Labor Bureau of Labor Statistics (BLS) website will be the
source of the data utilized (if the URL is changed, the parties shall agree on the replace-
ment web page b t/ close reasonably possible Ot page IU
http://data.bls q Q// Su yOutpu Seivletdata t old opmap&eres d=C R4211SAOCU SA421SAO
If Client declines to pay increased rates, Burke will have the right to withdraw as
attorney for Client.
The time charged will include the time Burke spends on telephone calls relating
to Client's matter, including calls with Client, witnesses, opposing counsel or court
personnel. The legal personnel assigned to Client's matter may confer among
themselves about the matter, as required and appropriate. When they do confer, each
person will charge for the time expended, as long as the work done is reasonably
necessary and not duplicative. Likewise, if more than one of the legal personnel
attends a meeting, court hearing or other proceeding, each will charge for the time
spent. Burke will charge for waiting time in court and elsewhere and for travel time,
both local and out-of-town.
7. COSTS AND OTHER CHARGES.
Burke will incur various costs and expenses in performing legal services under
this Agreement. Client agrees to pay and hourlfolcoThe disbursements costs and expensesxcommonly
addition to the Retainer fee hourly fees.
BURKE, WILLIAMS & SORENSEN, LLP
November 30, 2015
Page 4
include: service of process charges, filing fees, court and deposition reporters' fees, jury
fees, notary fees, deposition costs, long distance telephone charges, messenger and
other delivery fees, postage, photocopying and other reproduction costs, travel costs
including parking, mileage, transportation, meals and hotel costs, investigation
expenses, consultants' fees, expert witness, professional, mediator, arbitrator and/or
special master fees, unavoidable administrative staff and secretarial overtime, and other
similar items. Except for the items listed below, all costs and expenses will be charged
at Burke's cost.
In-office photocopying/page: $ .20
In-office color photocopying/page $ 1.00
Facsimile charges/page: $ 1.00
Mileage/mile: $ .575 (per IRS notices)
Other: at cost
Travel to and from Client's Facilities. Client agrees to pay mileage charges at the
prevailing IRS reimbursement rate for Burke personnel required to travel to and from
Client's facilities. Client shall not be required to pay the hourly rate for the City Attorney,
Assistant City Attorney, or other attorneys providing general legal services. Client
agrees to pay the hourly rate for other Burke Personnel (e.g. litigators, labor negotiators,
etc.,) who travel to and from Client's facilities at the express request of Client.
Out-of-town travel. Client agrees to pay transportation, meals, lodging and all
other costs of any necessary out-of-town travel by Burke's personnel. Client will also be
charged the hourly rates for the time legal personnel spend traveling.
Experts, Consultants and Investigators. To aid in the handling of Client's matters
and cases, it may become necessary to hire expert witnesses, consultants,
investigators, and outsourced support services ("Expert services"). Burke will identify
and recommend to Client such Expert services as Burke deems necessary to retain.
Burke will secure Client's advance agreement to retain such Expert services, and
provide the fees and charges for such Expert services, before engaging the services.
Client agrees to pay the fee and charges of such Expert services so engaged. Client will
be informed of persons chosen and their charges.
Additionally, Client understands that if the matter proceeds to court action or
arbitration, Client may be required to pay fees and/or costs to other parties in the action.
Any such payment will be entirely the responsibility of Client.
8. BILLING STATEMENTS. Burke will send Client periodic statements for
fees and costs incurred. Each statement will be payable within 30 days of its mailing
BURKE, WILLIAMS & SORENSEN, LLP
November 30, 2015
Page 5
date. Client may request a statement at intervals of less than 30 days. If Client so
requests, Burke will provide one within 10 days. The statements shall include the
amount, rate, basis of calculation or other method of determination of the fees and
costs, which costs will be clearly identified by item and amount.
9. INTEREST CHARGES. If a billing statement is not paid within 15 days of
its due date, 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 from the date of
the invoice until paid.
10. LIEN. Client hereby grants Burke a lien on any and all claims or causes of
action that are the subject of the representation under this Agreement. The lien will be
for any sums owing to Burke at the conclusion of services performed. The lien will
attach to any recovery Client may obtain, whether by arbitration award, judgment,
settlement or otherwise. The effect of such a lien is that Burke may be able to compel
payment of fees and costs from any such funds recovered on behalf of Client even if
Burke has been discharged before the end of the case. Because a lien may affect
Client's property rights, Client may seek the advice of an independent lawyer of Client's
choice before agreeing to such a lien. By initialing this paragraph, Client represents and
agrees that Client has had a reasonable opportunity to consult sue, an independent
lawyer and—whether or not Client has chosen to consult such .n '-dependent lawyer—
Client agrees that Burke will have a lien as specified above
CA (Client Initial Here) / (Burke Initial Here)
11. DISCHARGE AND WITHDRAWAL. Client may discharge Burke at any
time. Burke may withdraw with Client's consent or for good cause. Good cause
includes Client's breach of this Agreement, refusal to cooperate or to follow Burke's
advice on a material matter or any fact or circumstance that would render Burke's
continuing representation unlawful or unethical. When Burke's services conclude, all
unpaid charges will immediately become due and payable. After services conclude,
Burke will, upon Client's request, deliver Client's file, and property in Burke's possession
unless subject to the lien provided in Paragraph 10 above, whether or not Client has
paid for all services.
12. DOCUMENT RETENTION POLICY. Client is entitled upon written
request to any files in Burke's possession relating to the legal services performed by
Burke for Client, excluding Burke's internal accounting records and other documents not
reasonably necessary to Client's representation, subject to Burke's right to make copies
BURKE, WILLIAMS & SORENSEN, LLP
November 30, 2015
Page 6
of any files withdrawn by Client. Once a matter is concluded, Burke will close the file,
and Client will receive notice thereof. Client's physical files may be sent to storage
offsite, and thereafter there may be an administrative cost for retrieving them from
storage. Thus, it is recommended that Client request the return of a file at the
conclusion of a matter. Under Burke's document retention policy, Burke normally
destroys files five (5) years after a matter is closed, unless other arrangements are
made with Client.
All client-supplied materials and all attorney end product (referred to generally as
"client material") are the property of Client. Attorney end product includes, for example,
finalized contracts, pleadings, and trust documents. Attorney work product is the
property of Burke. Attorney work product includes, for example, drafts, notes, internal
memoranda and electronic files, and attorney representation and administration
materials, including attorney-client correspondence and conflicts materials.
After the close of a matter, Burke will notify Client of any client materials that
remain in Burke's possession. Client will be invited to retrieve these client materials
within 45 days of notice, or Client may direct Burke to forward the client materials to
Client, at Client's expense. If within 45 days of this notice Client fails to retrieve the
client materials or request Burke to forward them, Client authorizes Burke to destroy the
client materials.
After the 45-day period, Burke will, consistent with all applicable rules of
professional conduct, use its discretion as to the retention or destruction of all attorney
work product and any client materials that remain with Burke.
13. TECHNOLOGY. At its discretion, unless otherwise stated, Burke will
employ technology to facilitate electronic discovery. This may include scanning of
paper documents, culling of documents, converting electronically stored information into
a format suitable for review, the usage of electronic review software, etc. Applicable
associated costs, including electronic storage and transfer costs, will be billed to Client.
14. DISCLAIMER OF GUARANTEE AND ESTIMATES. Nothing in this
Agreement and nothing in Burke's statements to Client will be construed as a promise
or guarantee about the outcome of the matter. Burke makes no such promises or
guarantees. Burke's comments about the outcome of the matter are expressions of
opinion only. Any estimate of fees given by Burke shall not be a guarantee. Actual fees
may vary from estimates given.
15. MEDIATION/ARBITRATION; WAIVER OF JURY TRIAL. If a dispute
arises out of or relating to any aspect of this Agreement between Client and Burke, or
BURKE, WILLIAMS & SORENSEN, LLP
November 30, 2015
Page 7
the breach thereof, and if the dispute cannot be settled through negotiation, Burke and
Client agree to discuss in good faith the use of mediation before resorting to arbitration,
litigation, or any other dispute resolution procedure. Nothing herein shall limit or
otherwise affect your right under Sections 6200-6206 of the California Business and
Professions Code to request arbitration of any fee dispute by an independent, impartial
arbitrator or panel of arbitrators through a bar association program created solely to
resolve fee disputes between lawyers and clients. However, should discussions,
mediation or the non-binding arbitration provided through a local bar association
program not resolve the dispute, the dispute shall be determined by binding arbitration
before the American Arbitration Association under its then prevailing commercial
arbitration rules, except that discovery may be taken in that arbitration pursuant to the
California Code of Civil Procedure. The claims or controversies subject to this provision
shall include, without limitation, any claim of professional negligence or malpractice.
The arbitration shall be held in Riverside, California, unless we mutually select another
venue, and judgment may be entered upon the arbitrator's award by any court having
jurisdiction. Should you refuse or neglect to appear or participate in the arbitration
proceedings, the arbitrator is empowered to decide the claim or controversy in
accordance with the evidence presented. You should realize that by accepting the
arbitration provision, YOU WILL WAIVE YOUR RIGHT TO A JURY TRIAL AND THE
RIGHT, EXCEPT UNDER LIMITED CIRCUMSTANCE ., • APPEAL THE
ARBITRATOR'S DECISION.
0A___(Client Initial Here) `' (Burke Initial Here)
16. ATTORNEYS' FEES CLAUSE. The prevailing party in any action or
proceeding arising out of or to enforce any provision of this Agreement, with the
exception of a fee arbitration or mediation under Business and Professions Code
Sections 6200-6206, will be awarded reasonable attorneys' fees and costs incurred in
that action or proceeding, or in the enforcement of any judgment or award rendered.
17. ENTIRE AGREEMENT. This Agreement contains the entire agreement of
the parties. No other agreement, statement, or promise made on or before the effective
date of this Agreement will be binding on the parties.
18. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any provision of
this Agreement is held in whole or in part to be unenforceable for any reason, the
remainder of that provision and of the entire Agreement will be severable and remain in
effect.
19. MODIFICATION BY SUBSEQUENT AGREEMENT. This Agreement may
be modified by subsequent agreement of the parties only by an instrument in writing
BURKE, WILLIAMS & SORENSEN, LLP
November 30, 2015
Page 8
signed by both of them, or an oral agreement only to the extent that the parties carry it
out.
20. EFFECTIVE DATE. This Agreement will govern all legal services
performed by Burke on behalf of Client commencing with the date Burke first performed
services. The date at the beginning of this Agreement is for reference only. Even if this
Agreement does not take effect, Client will be obligated to pay Burke the reasonable
value of any services Burke may have performed for Client.
THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS
AND AGREE TO THEM AS OF THE DATE BURKE FIRST PROVIDED SERVICES. IF
MORE THAN ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE, JOINTLY
AND SEVERALLY, FOR ALL OBLIGATIONS UNDER THIS AGREEMENT. CLIENT
SHALL RECEIVE A FULLY EXECUTED DUPLICATE OF THIS AGREEMENT.
DATED: 12 Dei ZvI S CITY OF CATHEDRAL CITY
By: -
Charlie McClendon, City Manager
City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, California 92234
DATED: //-70 - ZO/C BURKE, WILLIAMS & SORENSEN, LLP
By: ..%
Eric S. a
Partner I Chair of Public Law Practice
Group
Enclosure: return copy
BURKE, WILLIAMS & SORENSEN, LLP
ATTACHMENT "A"
GENERAL LEGAL SERVICES INCLUDED IN NOT-TO-EXCEED MONTHLY
RETAINER
❖ Municipal Corporate Matters
• Attend City Council, Planning Commission and Architectural Review
Subcommittee Meetings (includes strategic planning sessions and team building)
and half day office hours
• Attend Agenda Review Meetings twice per month.
• Review City Council, Planning Commission, and Architectural Review
Subcommittee Agenda/Reports
• Telephone calls with Mayor, City Council members, and City Manager and
Executive Staff
• Conflicts of Interest/ Public Ethics advice (includes AB 1234 Training &
Letters to FPPC)
• Interpret/Amend Council protocols, organizational rules
• Brown Act advice
• Public Records Act advice
• Prepare / Review basic ordinances / resolutions
• Prepare / Review standard form Service & Repair/Maintenance Agreements
• Prepare / Review standard form Public Works Agreement and Standard
Conditions; Review Special Conditions
• Advise on appropriate procurement methods (direct negotiation, RFQ, RFP,
Bidding)
• Review / Interpret existing contracts /agreements / leases of the City
• Review / Interpret City Ordinances & Policies
• Advise on applicability of new legislation and new case law
• Prepare monthly budget/expense reconciliation reports and monthly litigation
status reports for litigation matters being handled by Burke
❖ Planning & Engineering Support (excluding any reimbursable work)
• Review / Interpret Planning & Zoning Law
• Review / Interpret Subdivision Map Act
• Review/ Interpret CEQA
BURKE, WILLIAMS & SORENSEN, LLP
• Review/ Interpret City Ordinances & Policies
• Advise on Land Use Approvals and Permits
• Prepare / Review Form Subdivision Improvement Agreements
❖ Other Department Support (excluding any reimbursable work)
• Review/ Interpret City Ordinances & Policies
• Research general issues not more than three (3) hours per month
• Respond to basic Department Head inquiries by phone and email
•3 Basic Personnel Legal Support
• Five (5) hours of general personnel advice per month
Code Enforcement Advice
• Interaction and advice with Code staff
• Prepare notices and demands
LEGAL SERVICES IN ADDITION TO THE RETAINER (Billed Hourly)
❖ General
• Prepare and Negotiate non-standard form agreements, such as:
• Property Negotiations
• Purchase & Sales Agreement
• Leases & Licenses
• MOU /Agreements with other local agencies
• Economic development agreements
• Development Agreements
• Research & Prepare Complex Ordinances (e.g. massage, medical marijuana,
sign ordinances)
• Research & Issue Opinion on complex legal issues (e.g. Prop 218 /26
Issues)
• Contract/ Bidding disputes
• Permit Revocations - administrative
• Appeals of Planning Commission and administrative decisions to Council
• CEQA Document review & advice (e.g. Initial Studies, MNDs, EIRs)
• Advise on Endangered Species, Wetlands, Clean Water Act, NPDES,
Programmatic Maintenance Permits other environmental laws and issues.
BURKE, WILLIAMS & SORENSEN, LLP
• Advise on federal and state grant program laws and regulations (e.g. CDBG,
HOME, Sidewalks to Schools)
• Negotiations with and contract amendment for City Franchisees
• Any disputes or negotiations with County, State, and Federal agencies.
• Such other activities as directed by the Mayor, the City Council, and the City
Manager, or other designee.
• Advisory Personnel Services
• Personnel advice
• Grievances procedures (not including administrative hearings)
• Disciplinary procedures (not including administrative hearings)
• Investigations
• Review, Interpretation, Amendment of Personnel Rule and Policies; Health
and Retirement issues
• Tort Liability / Police Defense / Code Enforcement*
• Personal injury tort defense
• Code Enforcement administrative hearings
• Code Enforcement litigation
• Police Pitchess Motions
• Police litigation
• Other Litigation*
• Writs
• Trials
• Appeals
• Non-Tort Litigation
• Labor Negotiations & Personnel Litigation (variable hourly rates)**
• Preparations for Labor Negotiations
• Handling or Supporting Labor Negotiations
• Personnel Administrative processes and hearings (e.g. EEOC, Skelly)
• Personnel Litigation (e.g. wrongful termination)
BURKE, WILLIAMS & SORENSEN, LLP
*Burke understands that Client is a member of PERMA, that PERMA assesses and
responds to claims against Client, and that PERMA provides the defense of Client in
covered litigation matters. Burke further understands that PERMA assigns and pays for
legal counsel to defend Client in such matters. Burke does not anticipate being
assigned matters from PERMA or handling matters that would otherwise be covered by
PERMA. However, this Agreement provides for Client to utilize Burke to defend such
matters, under the terms and rates provided herein, should Client so direct.
**Burke understands that Client has one or more other law firms that provide advisory,
police, personnel, and/or labor negotiation legal services to Client. This Agreement also
authorizes Burke to perform such legal services for Client at Client's request. Client
retains the discretion to utilize these firms, Burke or other firms on such matters at
Client's discretion. Work for these matters performed by Burke shall be subject to the
terms and conditions of this Agreement.
BURKE, WILLIAMS & SORENSEN, LLP
ATTACHMENT "B"
Retainer Fee and Hourly Rates for Attorneys and other timekeepers
1.0 NOT-TO-EXCEED MONTLY RETAINER
All Covered Work $32,250
Covers "General Legal Services Included in Not-To-Exceed Month Retainer" as
specified in Attachment "A".
2.0 LEGAL SERVICES IN ADDITION TO THE NOT-TO-EXCEED MONTHLY
RETAINER
Legal services provided by Burke in addition to those included in the Not-To-Exceed
Monthly Retainer, as specified in Attachment "A", shall be charged at the following
hourly rates set forth below. Hourly rates for Reimbursable services are set forth in
Section 3.0 below.
Additional Service by City Attorney, Assistant and Deputy City Attorneys*
Flat Rate (All Attorneys) $245
Paralegals $125
Advisory Personnel Services*
t r-
7 i .. :..:� j a ,
Partners $255
Associate Attorneys $235
Paralegals $135
BURKE, WILLIAMS & SORENSEN, LLP
Tort Liability, Police Defense, and Code Enforcement Litigation*
Partners $245
Associate Attorneys $225
Paralegals $100
Other Litigation*
Partners $275
Associate Attorneys $255
Paralegals $135
Labor Negotiations and Personnel Litigation*
e a: 41-:-: 3,': x '31
3 � ¢ o MP
Partners $275
Associate Attorneys $255
Paralegals $135
3.0 REIMBURSEABLE FEES
Client agrees that the rates set forth in Section 1.0 and 2.0 of Attachment "B" reflect a
reduced rate by Burke based on Client's status as a public entity and the
comprehensive nature of Client's legal services agreement with Burke. In instances
where Client may obtain reimbursement from a third party (e.g., a project applicant, the
subject of an enforcement action, etc.,) or where work is being performed by a rate
based enterprise of Client (e.g., a water utility or refuse franchise, etc.,) or the work is
reimbursed by state or federal grant programs providing for the reimbursement of legal
expenses, Burke will bill for legal services performed for those matters at a rate Burke
BURKE, WILLIAMS & SORENSEN, LLP
determines to be a reasonable market rate for the work provided. During the first year
of the term of the Agreement, the Parties agree that Reimbursable Rates shall be as
follows:
- A “; •Tr$10 le, '4' iliff ,h1.41
Partners $295
Associate Attorneys $265
Paralegals $150
4.0 EXPERT TEAM SERVICES
4_...:r„rq�.3 __.. b` .`g
Partners $325-$450
Associate Attorneys $255-$305
Paralegals $150
Burke is proud to offer the services of a number of the most talented attorneys in the
State who are at the top of their field in very complex areas. For Client's most complex,
high-risk, or high-profile matters Burke's experts are available at the above quoted
rates. See Burke's Proposal for Services for a discussion of Burke's Expert Team.
Burke would only utilize the services of Expert Team members upon prior arrangement
with Client or after selection by Client through a competitive process for a specific
matter, project, or case.
RIV#4827-7798-1995 v1
11/30/15