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HomeMy WebLinkAbout10 ATTY SVCS AG AMEND 05-19-03MEETING DATE: AGENDA REPORT IIIIII I I I11 ! I ' MAY 19, 2003 Agenda Item Reviewed: City Manager Finance Director 10 TO: FROM: SUBJECT: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY OF TUSTIN CITY MANAGER ADOPTION OF RESOLUTION AMENDING EXHIBIT "A" TO RETAINER AGREEMENT FOR CITY ATTORNEY SERVICES IIII T 11 I Illll[ RECOMMENDATION: Pleasure of the City Council. DISCUSSION: Ms. Jeffrey's request for an adjustment in the City Attorney's rates due to increases in the cost of doing business since 1999 is described in the attached memo. A Resolution proposed by Woodruff, Spradlin & Smart to implement the rate adjustment is attached to that letter for your consideration. WILLIAM A. HUSTON Attachments LAW OFFICES OF WOODRUFF~ SPRADLIN & SMART A PROFESSIONAL CORPORATION DIRECT DIAL: (714) 564-2607 DIRECT FAX: (714) 565-2507 E-MAIL: LEJ~WSS-LAW.C~ MEMORANDUM TO: FROM: Honorable Mayor and Members of the City Council City of Tustin Lois E. Jeffrey, Director Woodruff, Spradlin and Smart DATE: May 1,2003 RE: Cost of Living Adjustment in Fees for City Attorney's Services The City Council last approved adjustments in the City Attorney's hourly rates in September, 1999. At that time the rate of $145 for partners and $135 for associates was approved. I am proposing an adjustment to $161 per hour, which is strictly based on cost of living increases since 1999. This will be a single blended rate for both partners and associates. We are also proposing a cost of living adjustment in the paralegal rate from $80 to $90. These rates are in line with what we am charging other cities and the Orange County Fire Authority. It also compares favorably with rates charged by other firms. For example, Best Best & Krieger, who is providing City Attorney services to the new Cities of Aliso Viejo and Yorba Linda, charges $165 for transactional work and $185 for litigation. Other firms such as Burke Williams & Sorensen and Richards, Watson & Gershon charge considerably higher rates for special transactional work and litigation, with the rates ranging above $200 per hour. We recognize that the City faces significant financial challenges this fiscal year and in futura years. Accordingly, our proposed increase is strictly in line with past increases in cost of living, similar to what has been approved for City employees since 1999. cc: William A. Huston, City Manager LOIS E. JEFFREY" y y L) 164825.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION NO. 03 - 74 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 July 1, 2003. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, finds, determines and orders as follows: That amended Exhibit "A," attached hereto, to the Retainer eAf~ereement for City Attorney Services, is hereby approved and ctive as of July 1,2003. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on the__ day of ,2003. TRACY WILLS WORLEY, MAYOR ATTEST: PAMELA STOKER CITY CLERK ,~o?so~t~ I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN RESOLUTION NO. 03- Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, Califomia, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution was passed and adopted at a regular meeting of the City Council held on the day of ,2003 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNClLMEMBER ABSENT: PAMELA STOKER City Clerk EXHIBIT "A" CITY OF TUSTIN RATE SCHEDULE (7103) Houdy Rates for Leqal Personnel (Transactional and Litigation) Paralegals $90.00* Associates $161.00 Partners $161.00 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) Maximum amount approved by IRS (out of County travel only) *Excludes secretarial functions performed by paralegais. ~107614\1