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Home My WebLink About10 LEGAL SVCS AG 10-02-95 10-2-95 I er Com ,)ATE: OCTOBER 2, 1995 TO: FROM: SUBJECT: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL WILLIAM A. HUSTON, CITY MANAGER LEGAL SERVICES AGREEMENT RECOMMENDATION= The city Council subcommittee of Mayor Pro Tem Worley and Councilmember Saltarelli recommend that the City Council adopt Resolution No. 95-95 appointing Lois E. Jeffrey City Attorney and authorizing a retainer agreement with Rourke, Woodruff and Spradlin. BACKGROUND: Following a Request For Qualifications/Proposal process, the City Council selected Rourke, Woodruff and Spradlin to provide legal services subject to reaching an agreement concerning fees. The City Council appointed Mayor Pro Tem Worley and Councilmember Saltarelli as a subcommittee to negotiate a legal services agreement. DISCUSSION: Mayor Pro Tem Worley and Councilmember Saltarelli reviewed billings for legal services in order to assess whether it would be more cost-effective to obtain legal services on a straight hourly, rate, a flat lump sum retainer fee or a combination. They concluded that a lump sum retainer or combination with an hourly rate would not be in the.City's best interests. Retainers for basic legal services combined with hourly rates for other legal services create problems with tracking costs and lead to disputes about what is/is not covered by a basic services retainer. Mayor Pro Tem Worley and Councilmember Saltarelli feel that an hourly rate billing system, with controls over legal work assigned to the City Attorney's office'(including task billing) would be the most cost effective from the City's standpoint. The administrative system to control and monitor legal work assigned to the City Attorney's office is in place. The proposed legal'services agreement includes a fee. of $120 per hour for transactional (basic) services and $140 per hour for litigation. l0 ]2 13 14 16 17 ]9 20 2! 22 23 24 25 26 27 25 RESOLUTION NO. 95-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPOINTING THE CITY ATTORNEY AND AUTHORIZING EXECUTION OF A RETAINER AGREEMENT WITH ROURKE, WOODRUFF & SPRADLIN WHEREAS, it is necessary for the continued efficient operation of the affairs of the City that the City Council appoint a City Attorney and otherwise provide for legal advice to, and legal representation of, the City; NOW, THEREFORE, the City Council of the City of Tustin, California, DOES RESOLVE, DETERMINE AND ORDER as .follows: Section 1: Lois E. Jeffrey of Rourke, Woodruff & Spradlin is hereby appointed City Attorney of the City of Tustin to serve at' the pleasure of the City Council. Section 2: The City Council .hereby approves and the Mayor is authorized to execute the Retainer Agreement with Rourke, Woodruff & Spradlin, attached hereto. PASSED AND ADOPTED at a regular meeting of the City Council the City of Tustin held on the 2nd day of October, 1995. JIM POTTS, Mayor ATTEST: PAMELA STOKER City Clerk - RETAINER AGREEMENT FOR CITY ATTORNEY SERVICES THIS AGREEMENT is made and entered into as of the 2nd day of October, 1995, by and between the CITY OF TUSTIN, a municipal corporation, hereinafter "the City"¢ and ROURKE, WOODRUFF & SPRADLIN, a professional corporation, hereinafter "the AttorneyS.'' NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: AGREEMENT 1. Retention of Attorney.s.. The City hereby retains and employs Attorneys to provide legal services required to be performed by the City Attorney of the City of Tustin and the Agency Counsel to the Tustin Community Redevelopment Agency ("Agency"). in this regard, Lois E. Jeffrey is designated as City Attorney for the City of Tustin, and Agency Counsel to the Agency. She will perform the services of City Attorney and Agency Counsel assisted by other attorneys in the firm of Attorneys, some of whom may, from time to time, be designated by the City Council as Assistant and Deputy City' Attorneys. 2. Scope of Duties. The City retains and employs the Attorneys to provide legal services required in connection wit, h City's operation as a general law City. The legal services to be performed for the City shall include those generally understood to be within the field of municipal law, including redevelopment law. Attorneys shall provide those legal services reasonably required to advise and represent the City and shall take reasonable steps to keep the City informed of the progress of the representation and to respond to the inquiries of City Council members and City staff regarding the status of matters for which Attorneys are representing the City or where advice has been sought. A. It is understood that the legal services shall include, but are not limited to, the following: (i) The preparation of ordinances, resolutions, orders, agreements, forms, notices, declarations, certificates and other documents; (ii) Attendance at all meetings of the City Council, the Agency, the Planning Commission, and attending all other meetings of City boards, commissions, and committees when so requested by the City Council or the City Manager; (iii) Rendering legal advice and opinions concerning legal 'matters that affect the City or Agency, including new legislation and court decisions; (iv) Representing the City in litigation involving the City or Agency, including both prosecution and defense; and (v) Providing all other legal services required as City Attorney or Agency Counsel. D. The legal services to be performed by Attorneys pursuant to this Agreement shall not include serving as bond counsel for municipal financing matters. 1100-00012 16907_1 E. Through the City Manager, the City shall cooPerate with Attorneys and keep Attorneys informed of developments that pertain to Attorneys' representation of the City and providing services pursuant to this Agreement. 3. Fees, Costs and Expenses. A. Effective October 1, 1995, as compensation for services rendered pursuant to this Agreement City agrees to pay Attorneys at the hourly rates set forth on Exhibit "A", attached hereto and incorporated herein by this reference. Exhibit "A" may be changed from time to time without otherwise amending this Agreement by a Resolution adopted by the City Council at a regular meeting. The work described on Exhibit "A" as "Transactional" includes all work described in Section 2A (i-iii) and (v) of this Agreement, except litigation. Litigation includes: the representation of the City or Agency in administrative or evidentiary hearings involving personnel matters or before another agency or tribunal; advice on claims requiring legal research and/or review of extensive documentation, court appearances on citations, motionS to quash, and Pitchess motions, and representation of the City or Agency in state and federal courts. B. City agrees to pay the following out-of-pocket costs and expenses associated with Attorney's work pursuant to this Agreement: messenger deliveries; copying in excess of 25 pages; long-distance telephone calls; process servers' fees; filing fees fixed by law or assessed by the courts and other agencies; computer assisted research of Federal cases, Federal statutes and regulationS; deposition and other court reporting fees; jury fees, witness fees; costs to obtain copies of 1100-00012 16907_1 documents in litigation, and other litigation-related costs and expenses as may be required to adequately represent City or Agency, such as transportation, mileage, meals and lodging associated with out-of-town depositions or appearances. C. To aid in the preparation or presentation of litigation, it may become necessary to hire expert witnesses, consultants or investigators. Attorneys will _ select any expert witnesses, consultants or investigators to be hired, but shall receive City Council or City Manager approval of the fees and charges prior to any such engagement. 4. Statements/Task-Billing. Attorneys shall prepare and present detailed monthly statements for services rendered to the City for the month preceding the statement, indicating each discrete task performed by Attorneys. City shall pay the statements upon presentation or within a reasonable time thereafter. 5. Discharge and Withdrawal. A. Attorneys shall serve under the terms of this Agreement at the pleasure of the City Council, and the City Council hereby reserves the right to terminate this Agreement upon providing sixty (60) days' written notice to the Attorneys. B. Attorneys reserve the right to terminate this Agreement at any time Attorneys deem it necessary or advisable to do so upon providing sixty (60) days' written notice to City. 1100-00012 16907 I C. When Attorneys' services are terminated, all unpaid charges shall become immediately due and payable. 6. Entire Agreement This Agreement contains the entire agreement and .understanding of the parties with respect to the subject matter hereof, and contains all covenants and agreements between the parties with respect to such matter. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of · the date indicated in the preamble to' this Agreement. "City" CITY OF TUSTIN By: MAYOR ATTEST: City Clerk "Attorneys" ROURKE, WOODRUFF & SPRADLIN BY:KE~ ' Managing Partner 1100~00012 16907 I 5 -- EXHIBIT "A" CITY OF TUSTIN RATE SCHEDULE (10/95) Hourly Rates for Leqal Personnel Transactional Litigation Partners $120.00' 140.00 Associates $120.00" 130.00 Paralegals $ 75.00 75.00 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) $ 0.25 per mile (out of County travel) *This is a special, blended and discounted rate for both partners and associates. 1100-00012 16907_1 (~