CCR2006146.
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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.
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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
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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
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #146-2006 /1
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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
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