HomeMy WebLinkAboutP-20-419 Sloan Sakai Agreement.pdfCONTRACT INFORMATION SHEET
DATE: 10/20/2020
Contract No.: P-20-419 Vendor Number: 0000275748
Contract Title: Investigation Services Name/Address: Sloan Sakai Yeung & Wong LLP
1220 7th Street, 3rd Floor
Berkeley, CA 94710
Contract Period: 10/9/2020- unknown Contact: Genevieve Ng
Using Agencies: Human Resources 415-678-3830
Email: gng@loansakai.com
Terms: Net 45
Total Contract Amt.: $40,000
Buyer Name: Heather Stevens
Requisition No: 1012100024 Org: 10100500
Supersedes:
X NEW RENEWAL AMENDMENT
TICK DATE REFERENCE (RFQ# / RFP#)
DESCRIPTION: Investigative services for Human Resources. Expires at completion.
SPECIAL INSTRUCTIONS:
DISTRIBUTION: Completed By: Date: Completed By: Date
DEPARTMENT: Human Resources
REQUISITIONER: Steve Partain
Steve Johnson
Rev 1/3/2017
SLOAN SAKAI YEUNG & WONG LLP BERKELEY | SACRAMENTO | SAN FRANCISCO
1220 Seventh Street, Suite 300 Berkeley, CA 94710 O: 510.995.5800 F: 415.678.3838 www.sloansakai.com
Genevieve Ng
415-678-3830
gng@sloansakai.com
CONFIDENTIAL / ATTORNEY-CLIENT PRIVILEGED
October 9, 2020
Via E-mail
Gary E. Cornuelle, Purchasing Manager
County of Fresno
333 West Pontiac Way
Clovis, CA 93612
Re:Retention of Services
County of Fresno Investigation
Dear Mr. Cornuelle:
Thank you for retaining Sloan Sakai Yeung & Wong LLP (“SSYW”) to conduct the above-
referenced investigation.
This letter sets forth our agreement concerning the investigation services we will provide and our
fee and expense reimbursement arrangements for those services. It is independent of, and does
not affect, any other agreements the County of Fresno (“County”)may have with the Firm.
Please read this entire agreement before signing and returning it to us.
1.Scope of Work.SSYW will provide services to the County under this agreement only as to
the County’s request to investigate allegations of harassment and mismanagement involving
a probationary supervising employee in the Department of Public Works. SSYW’s services
include conducting a thorough and neutral investigation, making findings of fact, assessing
whether any violation of the County’s policies, rules, or guidelines has occurred, writing the
investigative report, responding to inquiries about the report from the County or its
representatives, and any preparation and witness time in hearings, depositions, or trial, as
requested by the County or otherwise required by law. In response to various COVID-
related safety measures, all interviews will be conducted over video.
The investigation may be used to facilitate the County’s counsel in advising the County with
respect to what employment actions, if any, should be taken as a result of the findings and
conclusions, and in representing the County in any legal action or proceeding. In addition,
SSYW’s attorneys may provide legal advice regarding the investigation. Accordingly,
SSYW’s and its attorneys’communications, work product, and the final report will be
protected from disclosure pursuant to the attorney-client privilege and attorney work-product
P-20-419
Gary E. Cornuelle
October 9, 2020
Page 2
doctrine, unless waived by the County. Please note that privilege and work-product
protection are subject to waiver if, for example, the report is used to support a personnel
action or defend litigation.
The County may limit or expand this scope of work if there is a clear and mutual
understanding as to any substantial expansion. A letter confirming additional work shall
bring such work within the scope of this agreement.
2.Independence.The County agrees that SSYW will have full discretion to determine the
investigative approach, to identify and interview appropriate witnesses, to gather appropriate
documents or other evidence, and to determine the findings of the investigation. The County
also agrees that it will neither influence nor interfere with the outcome of the investigation.
The County understands and acknowledges that SSYW will exercise its independent
judgment to make whatever findings it deems are warranted based on the evidence developed
in the investigation, and that this agreement is not dependent on SSYW’s making or failing to
make any particular credibility determination, finding of fact, or conclusion.
3.Assigned Investigator. Genevieve Ng, a licensed attorney, will conduct the investigation.
4.Fees and Costs. Our licensed investigators and attorneys are assigned hourly rates which are
based on years of experience, specialization, training, and level of professional attainment.
Genevieve Ng’s current hourly rate is $330. Hourly rates are subject to reasonable change,
usually in January of each year. This project is estimated to not exceed $40,000.
In addition, SSYW charges separately for certain costs incurred on a project, as well as for
any disbursements to third parties made on a client’s behalf. Such costs and disbursements
include, for example, the following: mileage (at the IRS rate in effect at the time the travel
occurs), computer-assisted research, transcription services, overnight delivery and messenger
services, and similar items. For major disbursements to third parties, invoices may be sent
directly to you for payment. Although travel is not anticipated for this investigation, SSYW
will charge for travel on the client’s behalf at one-half (1/2) the applicable hourly rate.
5.Billing and Payment Responsibilities.We bill on a monthly basis for services performed
and costs incurred. Payment is due within 30 days of the date an invoice is rendered. Past
due amounts will be shown on the invoice. If you have any questions about an invoice,
please promptly telephone or write me so that we may discuss these matters. Billing is done
in 1/10th of an hour increments.
6.Termination of Services.You may terminate our services at any time by written notice.
After receiving such notice, we will cease providing services. We will cooperate with you in
the orderly transfer of all related files and records to your new counsel.
P-20-419
Gary E. Cornuelle
October 9, 2020
Page 3
We may terminate our services at any time with your consent of for good cause. Good cause
exists if (a) any statement is not paid within 60 days of its date; (b) you fail to meet any other
obligation under this agreement and continue in that failure for 15 days after we send written
notice to you; (c) you have misrepresented or failed to disclose materials facts to us, refused
to cooperate with us, refused to follow our advice on a material matter, or otherwise made
our representation unreasonably difficult; or (d) any other circumstance exists in which
ethical rules of the legal profession mandate or permit termination, including situations
where a conflict of interest arises. If we terminate our services, you agree to execute a
substitution of attorneys promptly and otherwise cooperate in effecting that termination.
Termination of our services, whether by you or by us, will not relieve the obligation to pay
for services rendered and costs incurred before our services formally ceased.
7.Insurance.During the term of this agreement, this law firm shall take out and maintain
general liability and property damage insurance in the amount of $1,000,000; professional
errors and omissions insurance, in an amount of $2,000,000 per occurrence; and $4,000,000
aggregate, which insurance may not be canceled or reduced in required limits of liability
unless at least ten days advance written notice be given to you.
8.Government Law; Venue.This agreement shall be governed by and construed in
accordance with the laws of the State of California without regard to principles of conflicts of
laws.
9.Entire Agreement; Full Understanding; Modifications in Writing.This letter contains
our entire agreement about our representation. Any modifications or additions to this letter
agreement must be made in writing.
If the terms of this engagement are acceptable to the County and reflect its understanding and
agreement, please return an executed copy of this letter. We look forward to working with you.
Sincerely,
Genevieve Ng
Enclosures
cc: Billing Department
P-20-419
Genevieve
Ng
Digitally signed by
Genevieve Ng
Date: 2020.10.19
14:41:57 -07'00'
Gary E. Cornuelle
October 9, 2020
Page 4
These terms are accepted and agreed to as of the date of this letter.
By: _______________________________________
Gary E. Cornuelle
Purchasing Manager
P-20-419
Gary Cornuelle Digitally signed by Gary Cornuelle
Date: 2020.10.19 13:24:13 -07'00'
Gary E. Cornuelle
October 9, 2020
Page 5
ATTACHMENT 1
Public Sector Fee Schedule
Effective January 1, 2020 to December 31, 2020
Partners: $300 - $450
Of Counsel: $265 - $385
Senior Counsel: $275 - $385
Associates: $215 - $275
Law Clerks: $185
Paralegals: $105 - $175
Analysts $95 - $135
Consultants: $160 - $275
These rates are reviewed and may be adjusted annually, generally in January of each year.
P-20-419
Gary E. Cornuelle
October 9, 2020
Page 6
ATTACHMENT 2
SLOAN SAKAI YEUNG & WONG LLP
STATEMENT OF FEE AND BILLING INFORMATION
The following is a general description of our fee and billing policies. These general policies may
be modified by the specific engagement letter or agreement to which this summary is attached.
Professional Fees.Our fees for professional services are based on the fair value of the services
rendered. To help us determine the value of our services, our attorneys and paralegals maintain
time records for each client and matter. Our attorneys and paralegals are assigned hourly rates
which are based on years of experience, specialization, training and level of professional
attainment. We adjust our rates periodically (usually at the beginning of each year) to take into
account inflation and the increased experience of our professional personnel.
To keep professional fees at a minimum, legal work that does not require more experienced
attorneys will be performed, where feasible, by attorneys with lower billing rates. Of course, the
quality of the work is paramount, and we do not sacrifice quality to economy.
Before undertaking a particular assignment, we will, if requested, provide you with a fee
estimate to the extent possible. Estimates are not possible for some matters, however, and cannot
be relied on in many others because the scope of our work will not be clear at the outset. When a
fee estimate is given, it is only an estimate; it is not a maximum or minimum fee quotation. The
actual fee may be more or less than the quoted estimate.
Billing and Payment Procedures.Unless other arrangements are made at the time of the
engagement, invoices will be sent monthly. Invoices for outside services exceeding $100 may be
billed separately. Occasionally, however, we may defer billing for a given month or months if
the accrued fees and costs do not warrant current billing or if other circumstances would make it
appropriate to defer billing.
Our invoices contain a brief narrative description of the work performed; if requested, the initials
of the attorney who performed the work will appear on the statement. The invoice will include a
line item reflecting in-house administrative costs. The firm’s in-house administrative costs
include duplicating, facsimile charges, telephone charges, e-mail, postage, mileage and other
administrative expenses.
In addition, the Firm charges separately for certain costs incurred in the representation, as well as
for any disbursements to third parties made on a client’s behalf. Such costs and disbursements
include, for example, the following: travel (at the IRS rate in effect at the time the travel occurs),
P-20-419
Gary E. Cornuelle
October 9, 2020
Page 7
computer-assisted research, transcription, overnight delivery and messenger services. For major
disbursements to third parties, invoices may be sent directly to you for payment. The Firm also
bills for time spent traveling on a client’s behalf at our normal hourly rates.
If you have any questions regarding an invoice, the Billing Coordinator or Accounting Manager
is available to answer your questions. For any unresolved matters, the Bar Association has an
arbitration mechanism that can be used to resolve such matters.
Late Payments.Statements for services are payable upon presentation, and in all events, within
thirty (30) days after receipt. Occasionally, a client has difficulty in making timely payments.
To avoid burdening those clients who pay their statements promptly with the added costs we
incur as a result of late payments, a late charge may be assessed on statements not paid within
thirty (30) days. The maximum monthly late payment charge will be 1.5% per month. In the
unlikely event we are required to institute legal proceedings to collect fees and costs, the
prevailing party will be entitled to reasonable attorneys’ fees and other costs of collection.
P-20-419