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CCR2006146. . . AMENDED COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #146-2006 ACCEPTANCE OF ENGAGEMENT LETTER SUBMITTED BY MAISTELMAN & ASSOCIATES, LLC WHEREAS, Maistelman & Associates, LLC has submitted the attached engagement letter outlining the terms regarding representation of the City of Muskego regarding the recall of Mayor Damaske. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego does hereby approve the attached engagement letter submitted by Maistelman & Associates, LLC and authorizes the Mayor to execute the same on behalf of the City. BE IT FURTHER RESOLVED That only the City Clerk is authorized to seek legal advice from Maistelman & Associates and she shall advise Maistelman & Associates that she will authorize any work that they do. DATED THIS 8TH DAY OF AUGUST ,2006. SPONSORED BY: FINANCE COMMITTEE Ald. Nancy Salentine Ald. Eileen Madden Ald. Eric Schroeder This is to certify that this is a true and accurate copy of Resolution #146-2006 which was adopted by the Common Council of the City of Muskego. 7/06jmb . . . MAISTELMAN & ASSOCIATES, LLC Attorneys at Law Michael S. Maistelman * Matthew D. Lerner July 18, 2006 City of Muskego Janice Moyer - City Clerk W 182 S8200 Racine Avenue Muskego, WI 53150 Re: Representation of City of Muskego regarding Recall of Mayor Damaske Dear Clerk Moyer: We are pleased to confirm our firm's engagement to represent the City of Muskego (hereafter "the City") regarding the Recall of Mayor Damaske. We have performed a conflict of interest check and determined that we have no current conflicts of interest that could affect our representation of the City other than the possible conflict regarding our representation of Royal Franchising, Inc. d/b/a Jani-King of Milwaukee that the City has waived. We have learned an important part of maintaining the trust and confidence of our clients is to outline the scope of services we will be providing related to your legal matter. This letter will outline the services we plan to offer and the terms of payment for my services. If you have any questions, please do not hesitate to contact me. IDENTIFICATION OF CLIENT As attorneys, we owe certain professional obligations to our client. With respect to this matter, our client is: City of Muskego. SCOPE OF ENGAGEMENT AND EXPECTATIONS In our representation of the City we will work with the City to provide it with legal guidance and direction regarding the recall process. Ifthe City would like us to represent it on other matters, or if the City does not feel this list is comprehensive of the representation it needs on this issue, please contact us immediately so we can have a better understanding of the services the City needs and desires. FEES AND PAYMENT Fees: The City's bill will be based on the amount of hourly services provided by our attorneys. The attorney rate will be the reduced municipal hourly rate of$175.00 per hour. The rate will be multiplied by the number of hours spent on the City's project. Our hourly billing is calculated based on tenths of an hour. Other Fees and Costs: The City will be responsible for costs associated with this legal matter that extend beyond our hourly fees. The City will be billed for the cost of filing fees as well as the cost of 3127 W. Wisconsin Avenue. Milwaukee, WI 53208-3957 Telephone: 414.908.4254 Facsimile: 414.271.1884 * Also licensed in Massachusetts - Court Commissioner . . . service for any documents that need to be served on opposing parties. The City will also be billed for computer research with a separate invoice provided showing the amount of time and the cost of research spent on your project. The City will also be billed for travel expenses which are typically limited to mileage. The costs of any professionals associated with this matter will also be attributable to the City. Our general policy is to receive the invoices from those professionals and forward them to the City directly for payment. These costs may include, but are not limited to, expert witnesses, appraisers, mediators and court reporters. Billing and Pavment: Our standard practice is to bill each month for the services rendered by our firm during the previous month. Payment is due upon the receipt of my billing invoice. Any different payment arrangements must be approved by our office in advance in writing. We reserve the right to terminate our representation if payment is not received within thirty (30) days of our invoice, and you agree not to contest our withdrawal from any court or administrative proceeding if payment is not received within thirty (30) days of my billing invoice. ADDITIONAL REPRESENTATION TERMS The City will, at all times, have the right to terminate our services upon priQr written notice. We, too will at all times have the right to terminate my professional relationship with the City within the bounds of our ethical obligations as attorneys. Generally, we do not terminate client relationships except for cause, such as actual or philosophical conflicts of interest, failure on a client's part to be truthful, circumstances that make our continued effective representation untenable, or non-payment of advances or our lllVOlces. We look forward to building a fruitful relationship with the City of Muskego and we are happy to answer any questions related to this agreement. Sincerely, MICHAEL S. MAISTELMAN ACKNOWLEDGED, AGREED, AND CONSENTED: 8~!I~ Name: Charles H.Damaske Title: Mayor On behalf of the City of Muskego Augus t 11, 2006 Date . . . COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #146-2006 /1 ~ .' ",;,..-..,/ WHEREAS, Maistelman & Associates, LLC has submitted the attached engagement letter outlining the terms regarding representation of the City of Muskego regarding the recall of Mayor Damaske. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego does hereby approve the attached engagement letter submitted by Maistelman & Associates, LLC and authorizes the Máyor to execute the same on behalf of the City. DATED THIS DAY OF ,2006. SPONSORED BY: FINANCE COMMITTEE Ald. Nancy Salentine Ald. Eileen Madden Ald. Eric Schroeder This is to certify that this is a true and accurate copy of Resolution #146-2006 which was adopted by the Common Council of the City of Muskego. Clerk-Treasurer 7/06jmb