Office of the City Manager

MEMORANDUM

DATE:

August 9, 2016

TO:

Mayor and Council

FROM:

Bill Thomas, Acting City Manager

SUBJECT:

Special Counsel Contract - Item E.21

~ ~\S:)

Attached for your review please find the Special Counsel Engagement Agreement from Kamer
Zucker Abbott for Item E.21 on the August 10 agenda.

Gregory J. Kamer
Carol Davis Zucker
Scott M. Abbott
Edwin A. Keller, Jr.
Jen J. Saraflna
R. Todd Creer

KAMER ZUCKER ABBOTT

Nicole A. Young
Kaitlin H. Ziegler

ATTORNEYS AT LAW
TEL (702) 259-8640 FAX (702) 259-8646 WEB www.kzalaw.com

Of Counsel

Jody M. Florence

Representing Employers in Labor and Employment Law Matters

VIA ELECTRONIC MAIL

August 5, 2016
The Honorable
Hillary Schieve
Mayor of Reno
One East First Street
Reno, Nevada 89501

Re:

Special Counsel Engagement Agreement

(Our File No.16-332)

Dear Mayor Schieve:

This will confirm our agreement to act on behalf of the City Council of Reno ("the City"
and "you") as special counsel to advise the City and manage an investigation into complaints of
alleged misconduct by City Manager Andrew Clinger and supersedes any previous letter or
understanding, express or implied. We appreciate the confidence you have demonstrated in
Kamer Zucker Abbott ("the Firm" or "we") by selecting us to represent the City in this matter.
The Firm agrees to serve the City as special counsel based on the hourly attorney rates in
effect when work is performed. We currently charge attorney rates ranging between Two
Hundred Ten Dollars ($210.00) per hour and Five Hundred Fifty Dollars ($550.00) per hour,
dependent on the attorney(s) assigned to the matter.
Paralegals will be billed at rates which vary between Eighty Dollars ($80.00) per hour
and One Hundred Twenty-Five Dollars ($125.00) per hour. All time billings will be made to the
one-tenth of an hour. Any work done on a particular matter by additional attorneys or paralegals
will be billed at our then current rates as needed. All expenses incurred in the course of serving
as the City's special counsel will be billed to you, and those expenses include but are not limited
to, filing fees, deposition fees, transport fees, photocopying, postage, long distance telephone
charges, travel, expert witness fees, facsimile charges, computer research fees, and courier fees.
Attorney's fees and expenses will be billed to the City monthly and will be due upon receipt.
Any additional time granted to the City to make an attorney's fee payment in a particular month
shall not act as a waiver of our right to immediate payment in all other months. Bills not paid
within thirty (30) days of transmittal will be assessed an interest charge at rates comparable to
the rates charged by the Firm's bank.

3000 West Charleston Boulevard, Suite 3 Las Vegas, Nevada 89102

Exclusive Nevada Member of Worklaw: The International Network of Management Labor and Employment Law Firms
www.worklaw.com

The Honorable Hillary Schieve

August 5, 2016
Page 2 of3
With respect to the services of any third party investigator that may be retained in
connection with complaints of alleged misconduct by City Manager Andrew Clinger, the City
shall engage such third party investigator(s) directly and be responsible for the payment of said
services pursuant to whatever agreement the City and the third party investigator may reach.
Based on our assessment of the work to be done, we may from time to time request
payment of a retainer in advance. If so, we will hold that amount in the Firm's client trust
account to be applied against the City's monthly bills for attorney's fees and expenses as they
accrue. In the event that less than the entire retainer is necessary to cover our fees and costs
incurred in completing the tasks for which we have been hired, we will return the excess to the
City.
At the onset of this matter, the City should consider whether it has insurance coverage for
any of the claims or liabilities arising out of any labor or employment dispute or for related fees
and expenses incurred. Such coverage might arise, for example, from an Employment Practices
Liability, Directors and Officers and/or Comprehensive/Commercial General Liability policies.
The City has not retained us to provide advice about or represent it or any of its agents or
affiliates concerning any such insurance coverage or notice of claims issues. In addition, our
work for some insurance companies might raise actual or potential conflicts of interest, or
"issue" conflicts, for us if we were to address insurance coverage matters for you. Accordingly,
we may not be able to provide advice or representation to the City with respect to the issue of
actual or potential claims for insurance coverage for liability or losses arising out of or related to
this matter (whether arising at the outset or during the course of the mater) that the City (or any
of its agents) might be entitled to assert under policies issued to any of these entities or other
parties in interest. The City should be aware that strategic decisions with respect to any dispute
may affect insurance and coverage, and that coverage concerns may impact strategy, particularly
in adversarial proceedings. The City should consult with other counsel concerning such matters,
including any possible or actual claims or disputes against or with any insurer or other parties
who may have applicable insurance. We are not undertaking to represent the City in any
insurance-related matters without a further express agreement to that effect, after appropriate
consideration of any potential conflict of interest issues.
It is our policy to encourage questions about our bills in the event you perceive some
problem. Unlike many firms, we do not charge our time for preparation and review of bills or
for discussing questions about a bill or investigating any problems or mistakes which might have
been made. While we willingly correct any errors, it is not our policy to discount our bills for
any other reason. If the City has particular billing requirements, we would be happy to discuss
them and will accommodate any reasonable request consistent with our general policies and the
capability of our billing system.
In an effort to better serve our clients, protect confidential information, and reduce the
administrative costs associated with file storage and management, Kamer Zucker Abbott has
adopted a file retention/destruction program. At least once a year, all inactive files will be closed
and sent to a secure storage facility. Once the file in this matter is inactive, you will be notified
and requested to advise us as to how to handle any original documents, as well as other

KAMER ZUCKER ABBOTI

Attorneys at Law

The Honorable Hillary Schieve

August 5, 2016
Page 3 of3
documents obtained from the City or third parties which may be of future use to you. All closed
files and records will be stored for seven (7) years after the date of closure and then destroyed,
along with the related financial/billing records. By entering into this agreement, the City
authorizes Kamer Zucker Abbott to close, store and destroy files and records associated with
work performed for the City in the manner described above.
This agreement is a requirement for a successful relationship between the City and the
Firm. If at any time the City cannot or will not abide by this agreement, we will take steps to
withdraw as the City's special counsel in this matter. If the Firm is required to file a suit to
collect unpaid attorney's fees from the City, we will seek attorney's fees for time incurred by the
Firm in handling the collection or the fees of any outside law firm we may use to handle the
collection, in addition to costs and interest, and the City agrees that it will be responsible for such
fees, costs and interest.
This agreement contains all the terms of our financial arrangement with the City and can
only be modified by a written document signed by authorized representatives of the City and the
Firm. This agreement is a legal, binding contract, so it is important that you read it carefully and
be sure you understand all of the contents before signing below.
Please return to me a signed copy of this letter.

GJK/jvm
I HAVE READ THE FOREGOING THREE (3) PAGES OF THIS AGREEMENT AND
CONSENT TO THE TERMS CONTAINED THEREIN.
The City of Reno

By:
Title:

KAMER ZUCKER ABBOTI

Attorneys at Law