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HomeMy WebLinkAboutCC RES 95-095~ RESOLUTION NO. 95-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 2 TUSTIN, CALIFORNIA, APPOINTING THE CITY ATTORNEY AND AUTHORIZING EXECUTION OF A RETAINER AGREEMENT 3 WITH ROURKE, WOODRUFF & SPRADLIN 5 8 WHEREAS, it is necessary for the continued efficient operation of the affairs of the City that the City Council 7 appoint a City Attorney and otherwise provide for legal advice to, and legal representation of-, the City; 8 NOW THEREFORE, the City Council of the City of Tustin, 9 California, DOES RESOLVE, DETERMINE AND ORDER as follows: ]0 Section 1: The law firm of Rourke, Woodruff & Spradlin is hereby retained as outside General Counsel to the City of ]] Tustin; Lois E. Jeffery, Esq. is designated as the City Attorney to serve at the pleasure of the City Council. Section 2: The City Council hereby approves.and the Mayor 13 is authorized to execute the Retainer Agreement with Rourke, Woodruff & Spradlin, attached hereto. 14 PASSED AND ADOPTED by the City Council of the City of ~5 Tustin at a regular meeting held on the 20th day of November, 1995. JIM POT YOR ]8 P~lq~I]ASTOKER, k?/TY CLERK 20 STATE OF CALIFORNIA ) 2] COUNTY OF ORANGE ) SS CITY OF TUSTIN ) Pamela Stoker, City Clerk and ex-officio Clerk of the City 23 Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the 24 City of Tustin is five; that the above and foregoing Resolution No. 95-95 was passed and adopted at a regular meeting of the 25 City Council held on the 20th day of November, 1995 by the following vote: COUNCILMEMBER AYES: Worley, Doyle, S~tarelli, Thomas 27 COUNCILMEMBER NOES: Ports COUNCILMEMBER ABSTAINED: None 28 P ~~R, A ENT: None P~'~e/la Stoker RETAINER AGREEMENT FOR CITY ATTORNEY SERVICES THIS AGREEMENT is made and entered into as of the a,o day of ~., 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 Attorneys. 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 Attomey 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 At~corneys. 2. Scope of Duties. The City retains and employs the Attorneys to provide legal services required in connection with 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. B. 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 2 16907_1 C. 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 the first day of the month following execution of this Agreement, 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-ill) and (v) of this Agreement, except litiga!ion. 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 Attorneys' 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 1100-00012 3 16907_1 other court reporting fees; jury fees, witness fees; costs to obtain copies of 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-Billinq. 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 ad~cisable to do so upon providing sixty (60) days' written notice to City. 1100-00012 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 m'atter. 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:MAyO~/~---'/~, -~ ATTEST: Cit~ ~le'r~ - ' ~' ~ "Attorneys" ROURKE, WOODRUFF & SP~DLIN By:. ~~ ~o~2 5 1690~1 EXHIBIT "A" CITY OF TUSTIN P~ATE SCHEDULE (11/95) 'Hourly Rates for Leqal Personnel Transactional Litiqation Partners $120.00' $140.00 Associates $120.00' $130.00 Paralegals $ 75.00** $ 75.00 Billinq Increment We bill in increments of one-tenth of an hour (six minutes). Costs and Expenses In-office photocopying $ 0.25 per page {only after 25 pages} Mileage $ 0.25 per mile {out of County travel}- *This is a special, blended and discounted rate for both partners and associates. **Excludes secretarial functions performed by paralegals.