HomeMy WebLinkAbout20 RETAINER AG C.A. 08-02-99NO. 20
8-2-99
DATE:
JULY 28, 1999
lnter-Com
TO:
FROM:
SUBJECT:
HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
WILLIAM A. HUSTON, CITY MANAGER
CITY ATTORNEY RETAINER AGREEMENT
SUMMARY:
Rates for the City Attorney have not been increased since 1995. pr°p°sed rates for all
work are $135 per hoUr for asSOciate: attomeys; $I45 per hour for Partners; and $75 per
hoUr for paralegals.
RECOMMENDATION:
Pleasure of the City Council.
FISCAL IMPACT:
Proposed rates for all work are $135 per hour for associate attorneys; $145 per hour for
partners; and $75 per hour for paralegals. Current rates are $120 per hour (associates and
partners) for all transitional work; $130 per hour (associates) and $140 per hour (partners)
for litigation.
The adopted 1999-2000 budget for general legal services is $240,300; $88,000 for
redevelopment; and $100,000 for litigation.
At this point, there is no need to adjust the budget to reflect adjustment in legal fees.
General legal services for fiscal year 1998-99 were approximately $40,000 less than the
budgeted amount. Legal expenses are a function of the amount and complexity of the
transactional workload and litigation defense. If an adjustment in the approved 1999-2000
budget is necessary, it can be considered through the City Council's mid-year budget
review.
DISCUSSION:
Attached is a memorandum from the City Attorney to the City Council concerning the
proposed rates for legal services. Rates for legal services were last adjusted in 1995.
LAW OFFICES OF
WOODRUFF~ SPRADLIN & SMART
PROFESSIONAL CORPORATION
701 SOUTH PARKER STREET, SUITE 7000 · ORANGE, CA 928684724 · (714) 558-7000 · FAX (714) 835-7787
July 20, 1999
DIRECT DIAL: (714) 564-2607
DIRECT FAX: (714) 565-2507
E-MAIL: LEJ@WSS-LAW.COM
Honorable Mayor and Members of the City Council
City of Tustin
300 Centennial Way
Tustin, California 92780
Re: Proposed Increase in City Attorney Rates
Dear Mayor Worley and Members of the City Council:
The rates for City Attorney services were negotiated .in 1995 at: $120 per hour
(for both associates and partners) for all transactional work; $130 per hour (associates)
and $140 per hour (partners) for litigation, and $75 per hour for paralegals. We are
proposing that effective September 1, 1999, that rates for all attorney work be $135 per
hour for associates, $145 per hour for partners, and $80 per hour for paralegals.
The new rates reflect the increased cost of doing business, including substantial
upgrades to our computer system that have fostered efficient communication between
the City and our office. The new rates also bring our rates in line for transactional work
with what we charge other cities and with what other full service law firms charge for
such work. The new rates are, in fact, comparable to the rates proposed by other
attorney firms to Tustin in 1994.
You may recall in 1994, based on your experience with my predecessor, there
was a concern about the attorney bills for transactional work. Because of this concern
we agreed in 1995 to a special discounted rate of $120 per hour. We have kept those
bills under control, and anticipate ending this fiscal year substantially under budget for
such matters. This is due in part to the skill of the City's Management, but it is also due
to my personal attention to and supervision of Tustin's work. I am committed to
continuing this high level of involvement and oversight. I do nOt see a need to change
the proposed budget if this increase is approved.
TERRY C. ANDRUS · ~UDY A. BARNWELL · M. LOIS BOBAK · JOHN E. CAVANAUGH · CRJdG G. FARRINGTON · RODELL K ~CK · joSEPH W. FORBATH
BRADLEY K HOG~q · LOIS E. JEFFREY · MAGDALENA LONA-WLa2qT · JUIiEMeCLOSKEY · THOMAS F. N1XON · DAVIDB. OLSON · JASON~ RESNqCK
OMAR SA.NDOVAL · JOHN K SHAW · GREGORY E. S~MON[AN · KENNARD K SMART, Y~ · DANIEL ~ SPRADL~q · THOMAS L. WOODRUFF
Honorable Mayor and Members of the City Council
City of Tustin
July 20, 1999
Page 2
According to the City Attorney's Retainer Agreement, the rates may be adjusted
by City Council adoption of a resolution approving a new exhibit for the Agreement.
Very truly yours,
WOODRUFF, SPRADLIN & SMART
A Professional Corporation
LEJ:plm
Enclosure
cc: William A. Huston, City Manager
Ronald Nault, Finance Director
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RESOLUTION NO. 99-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING AMENDED EXHIBIT "A"
TO THE RETAINER AGREEMENT FOR CITY ATTORNEY
SERVICES
WHEREAS, by Resolution No. 95-95, adopted on November 20, 1995, the City
Council authoriZed the execution of a retainer agreement with Rourke & Woodruff
(hereinafter Woodruff, Spradlin & Smart) for city attorney services; and
WHEREAS, that agreement provides that Exhibit "A," which contains Woodruff,
Spradlin & Smart's hourly rates, may be changed from time to time without otherwise
amending the agreement, by a resolution adopted by the City Council; and
WHEREAS, the City Council desires to approve an amended Exhibit "A" effective
September 1, 1999.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
finds, determines and orders as follows:
That amended Exhibit '%," attached hereto, to the Retainer
Agreement for City Attorney Services, is hereby approved and
effective as of September 1, 1999.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
on the~ day of ., 1999.
TRACY WORLEY, MAYOR
ATTEST:
PAMELA STOKER
CITY CLERK
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EXHIBIT "A"
CITY OF TUSTIN RATE SCHEDULE (9~99)
Hourly Rates for Leqal Personnel (Transactional and Litigation)
Paralegals $80.00*
Associates $135.00
Partners $145.00
Billing Increment
We bill in increments of one-tenth of an hour (six minutes).
Costs and Expenses
In-office photocopying
Mileage
$0.25 per page (only after 25 pages)
$0.31 per mile (out of County travel)
*Excludes secretarial functions performed by paralegals.
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