HomeMy WebLinkAboutAGENDA REPORT 2021 0721 CCSA REG ITEM 10LCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of July 21, 2021
ACTION ADOPTED RESOLUTION NO.
2021-4032. (ROLL CALL VOTE:
UNANIMOUS).
BY B. Garza.
L. Consider Resolution Approving an Annual Consumer Price Index Adjustment for
Rates in the City Attorney Legal Services Agreement with Richards, Watson &
Gershon. Staff Recommendation: Adopt Resolution No. 2021-4032, approving a
3% CPI adjustment for rates effective July 1, 2021, and a 1.3% CPI adjustment for
rates effective January 1, 2022, in the legal services agreement with Richards,
Watson & Gershon. (Staff: PJ Gagajena, Assistant City Manager)
Item: 10.L.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: PJ Gagajena, Assistant City Manager
DATE: 07/21/2021 Regular Meeting
SUBJECT: Consider a Resolution Approving an Annual Consumer Price Index
Adjustment for Rates in the City Attorney Legal Services Agreement
with Richards, Watson & Gershon
BACKGROUND
On November 7, 2012, the City Council approved a legal services agreement with the
firm of Richards, Watson & Gershon (RWG) for the provision of City Attorney services.
The agreement set rates for various types of legal services provided, with an annual
adjustment consistent with the Consumer Price Index (CPI). Pursuant to the contract,
any annual adjustment of 3.0% or more requires prior written approval of the City Council.
Because the requested CPI adjustment for the last two-year period is 4.3%, City Council
approval of the annual adjustment for Fiscal Year (FY) 2021/22 is required under Section
5 of the agreement.
DISCUSSION
The current City Attorney agreement contains provisions for annual service rate
adjustments based on CPI from the April-to-April period, to be effective July 1, at the start
of each fiscal year. Pursuant to the contract, CPI was to be based on the Los Angeles-
Riverside-Orange County region. As was done for the FY 2019/20 CPI adjustment, the
CPI for the Los Angeles-Long Beach-Anaheim region is now used for the adjustments.
Last year on July 24, 2020, RWG agreed to defer the one-year annual CPI adjustment
from April 2019 to April 2020 that was scheduled to take effect on July 1, 2020, due to
the financial uncertainty of the City caused by the COVID-19 pandemic (Attachment 1).
The contract provides for a catch up provision in the event annual CPI exceeds 3.0%. It
was noted during the deferment of the CPI adjustment in FY 2020/2021 that the rate
adjustment for FY 2020/21 would be implemented concurrently with the July 1, 2021, CPI
rate adjustment. Thus, the CPI rate adjustment for the two-year period of April 2019 –
April 2021 was +4.3%. As such, RWG is entitled to a rate increase of 4.3%, and such
increase requires prior written City Council approval.
Item: 10.L.
206
Honorable City Council
07/21/2021 Regular Meeting
Page 2
However, to mitigate the financial impact of this 4.3% rate increase, the City and RWG
have agreed to adjust the rates by 3.0% effective July 1, 2021, and then adjust the rates
by another 1.3% effective January 1, 2022.
Pursuant to the RWG Agreement, the 3.0% adjustment and the 1.3% additional increase
would be subject to City Council review and approval because both increases would
cause the total increase to equal or exceed 3.0% in a one-year period. Therefore, RWG
requests the City Council’s approval of the 3.0% increase effective July 1, 2021, and the
deferred 1.3% increase effective January 1, 2022.
A summary of the proposed new hourly rates effective July 1, 2021, and January 1, 2022,
are shown below.
Type of Service Current Rates New Rates New Rates
July 1, 2021 January 1, 2022
General Services
First 20 Hours $189 All Attorneys $195 $197
Excess Hours $224 Associates $231 $234
$241 All Other Attorneys $248 $251
Special Services $218 Associates 1-3 years of legal practice $225 $227
$241 K. Ennis/N. Ghirelli and Associates $248 $251
4-7 years of legal practice
$298 Senior Attorneys and Shareholders $307 $311
$172 Paralegals $177 $179
Code Enforcement Litigation
$224 Associates $231 $234
$258 Senior Attorneys and Shareholders $266 $269
General Litigation
$218 Associates 1-3 years of legal practice $225 $227
$241 Associates 4-7 years of legal practice $248 $251
$332 Senior Attorneys and Shareholders $342 $346
$172 Paralegals $177 $179
Staff has confirmed the CPI adjustment and calculations contained in the correspondence
from RWG (Attachment 2).
FISCAL IMPACT
The proposed FY 2021/22 Budget contains $79,400 for legal services. Staff will monitor
the City’s use of legal services during FY 2021/22 and seek additional budget, if
warranted, for additional legal services during the Mid-Year Budget Review.
207
Honorable City Council
07/21/2021 Regular Meeting
Page 3
STAFF RECOMMENDATION
Adopt Resolution No. 2021-____, approving a 3% CPI adjustment for rates effective July
1, 2021, and a 1.3% CPI adjustment for rates effective January 1, 2022, in the legal
services agreement with Richards, Watson & Gershon.
Attachment 1: Correspondence from RWG dated July 24, 2020
Attachment 2: Correspondence from RWG dated July 16, 2021, with Revised Exhibit A – Rates
Attachment 3: Resolution
208
Kevin G. Ennis
T 213.626.8484
F 213.626.0078
E kennis@rwglaw.com
355 South Grand Avenue
40th Floor
Los Angeles, CA 90071-3101
rwglaw.com
July 24, 2020
VIA ELECTRONIC MAIL
Troy Brown
City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Re: Annual Adjustment in City Attorney Contract Rates -- Rate Increase Deferral
Notice Effective July 1, 2020
Dear Troy,
Richards, Watson & Gershon recognizes that public agency budgets have been
significantly impacted by the COVID-19 pandemic. To help mitigate that impact, the firm is
deferring for one year the annual CPI rate increase that is scheduled to occur on July 1st under
our legal services agreement. That rate increase will be implemented concurrently with the
July 1, 2021 CPI rate increase.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
Kevin G. Ennis
12853-0001\2442785v1.doc
Kevin G. Ennis
j/RWG
LAW
T 213.626.8484
F 213.626.0078
E kennis@rwglaw.com
350 South Grand Avenue
37th Floor
Los Angeles, CA 90071
rwglaw.com
CONFIDENTIAL
March 5, 2020
Mr. Ben Siegel
City Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Re: Legal Services Performed in January 2020
Dear Mr. Siegel:
CONFIDENTIAL
This material is subject to the attorney-client
privilege and/or attorney work product protection,
or otherwise is privileged or confidential. Do not
disclose the contents hereof. Do not file with
publicly-accessible records.
Enclosed are the firm's invoice for legal services in the following areas incurred through
January 31, 2020. The invoices are as follows:
Invoice No. 225716 Muni Service Review - Transfer of Water/Wastewater
If you have any questions, please feel free to call me.
Kevin G. Ennis
Very truly yours,
Enclosure(s)
10306-0006\2398972vl.doc
Los Angeles San Francisco Orange County Temecula Central Coast i
RICHARDS WATSON GERSHON
ATTACHMENT 1
209
Kevin G. Ennis
T 213.626.8484
F 213.626.0078
E kennis@rwglaw.com
350 South Grand Avenue
37th Floor
Los Angeles, CA 90071
rwglaw.com
July 16, 2021
VIA ELECTRONIC MAIL
Troy Brown
City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Re: Annual CPI Adjustment in City Attorney Contract Rates - Proposed Phase-in
Rate increase to be effective July 1, 2021 and January 1, 2022
Dear Troy,
As you may know, the Legal Services Agreement between the City of Moorpark and
Richards, Watson & Gershon dated November 16, 2012 (“Agreement”) provides for automatic
annual rate increases based on the percentage change in the Consumer Price Index.
Specifically, Section 5 of the Agreement provides as follows:
5.Compensation. RWG shall be compensated for the performance of legal services in
accordance with the rates for service set forth on Exhibit A, attached to this Agreement
and incorporated herein as though set forth in full. The terms of this Agreement and
the rates for service shall apply to legal services performed for City Agencies and other
entities affiliated with the City that may be established. Commencing July 1, 2014, and
annually thereafter, the hourly rates set forth on Exhibit A, shall automatically increase
by the percentage change in the Consumer Price Index (All Urban Consumers; Los
Angeles-Riverside-Orange County). The calculation shall be made using the month of
April in this year over the month of April in the prior year. Any such annual adjustment
that equals or exceeds three percent (3%), and any other adjustments in the rates, shall
require prior written approval of the City Council.
As you may know, in 2018 the United States Bureau of Labor Statistics eliminated the
Los Angeles-Anaheim-Riverside Consumer Price Index and replaced it with the Los Angeles-Long
Beach-Anaheim Consumer Price Index. We have therefore used the Los Angeles-Long Beach-
Anaheim Index for purposes of the rate adjustment.
ATTACHMENT 2
210
Troy Brown
July 16, 2021 Page | 2
As you know, last year, in the middle of the COVID-19 Pandemic, Mayor Parvin asked
that we defer any rate increase due to the financial uncertainty facing the City. On
July 24, 2020, we agreed to that deferral and stated in a letter of that same date that to help
mitigate that financial impact on the City, the firm was deferring for one year the annual CPI
rate increase that is scheduled to occur on July 1st under our legal services agreement. We
noted that the rate increase will be implemented concurrently with the July 1, 2021 CPI rate
increase. This means that we have two years of CPI adjustments to address this year.
Based on the foregoing, our office prepared a spreadsheet to determine the change in
the Consumer Price Index (All Urban consumers for the Los Angeles-Long Beach-Anaheim
region) over the applicable time period (April 2019 to April 2021). A copy of the spreadsheet is
attached as Attachment A.
That spreadsheet shows the CPI changed 4.3% over the applicable two-year time period.
However, you suggested that we “smooth out” or otherwise phase in the increase in two
stages. Based on that conversation, our Management Committee proposes that we adjust the
rates by 3% effective July 1, 2021 and then adjust them by another 1.3% on January 1, 2022.
Pursuant to our Agreement, the 3% adjustment and the 1.3% additional increase would
be subject to City Council review and approval. We therefore respectfully request the City
Council’s approval of this deferred fee increase for 2021 and 2022.
After applying a 3.0% increase to our existing rates, the old rates up to June 30, 2019
and the new rates effective July 1, 2021 as well as the new rates effective January 1, 2022 are
shown below:
Type of Service Current Rates New Rates as of
July 1, 2021
New Rates as of
January 1, 2022
General Services
First 20 Hours $189 All Attorneys $195 $197
Excess Hours $224 Associates $231 $234
$241 All Other Attorneys $248 $251
Special Services
$218 Associates 1 – 3 years of legal
practice
$225 $227
$241 K. Ennis/N. Ghirelli and Associates
4-7 years of legal practice
$248 $251
$298 Senior Attorneys and Shareholders $307 $311
$172 Paralegals $177 $179
Code Enforcement Litigation
$224 Associates $231 $234
211
Troy Brown
July 16, 2021 Page | 3
Type of Service Current Rates New Rates as of
July 1, 2021
New Rates as of
January 1, 2022
$258 Senior attorneys and Shareholders $266 $269
General Litigation
$218 Associates 1-3 years of legal
practice
$225 $227
$241 Associates 4-7 years of legal
practice
$248 $251
$332 Senior attorneys and Shareholders $342 $346
$172 Paralegals $177 $179
Also attached as Attachment B, is a revised version of Exhibit A to the Agreement
showing the changes in rates in legislative format for the July 1, 2021 increase.
If the City Council approves of that second increase in the amount of 1.3%, we will send
you a letter in December of this year as a reminder of the rates effective on January 1, 2022
along with an updated Exhibit A showing those rate adjustments.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
Kevin G. Ennis
Attachment(s)
12853-0001\2552602v6.doc
Kevin G. Ennisj/RWG
LAW
T 213.626.8484
F 213.626.0078
E kennis@rwglaw.com
350 South Grand Avenue
37th Floor
Los Angeles, CA 90071
rwglaw.com
CONFIDENTIAL
March 5, 2020
Mr. Ben Siegel
City Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Re: Legal Services Performed in January 2020
Dear Mr. Siegel:
CONFIDENTIAL
This material is subject to the attorney-client
privilege and/or attorney work product protection,
or otherwise is privileged or confidential. Do not
disclose the contents hereof. Do not file with
publicly-accessible records.
Enclosed are the firm's invoice for legal services in the following areas incurred through
January 31, 2020. The invoices are as follows:
Invoice No. 225716 Muni Service Review - Transfer of Water/Wastewater
If you have any questions, please feel free to call me.
Kevin G. Ennis
Very truly yours,
Enclosure(s)
10306-0006\2398972vl.doc
Los Angeles San Francisco Orange County Temecula Central Coast i
RICHARDS WATSON GERSHON
212
Attachment A
Spreadsheet showing CPI Changes
213
CPI INCREASE 4.3%, ADJUSTMENT IN CONTRACT RATE, EFFECTIVE JULY 1, 2021 & JANUARY 1, 2022
CURRENT 3% 1.30%
07/01/19 19 to 20 20 to 21 19 to 21 07/01/21 01/01/22
$172 $173 $179 $179 $177 $179
Series Id:$189 $190 $197 $197 $195 $197
$218 $220 $227 $227 $225 $227
Series Title:$224 $226 $234 $234 $231 $234
Area:$241 $243 $251 $251 $248 $251
Item:$258 $260 $269 $269 $266 $269
Base Period:$298 $300 $311 $311 $307 $311
Years:$332 $334 $346 $346 $342 $346
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2011 228.652 229.729 232.241 233.319 233.367 232.328 231.303 231.833 233.022 233.049 232.731 231.567
2012 233.441 234.537 236.941 236.866 237.032 236.025 235.776 237.222 238.104 240.111 237.675 236.042
2013 238.015 239.753 239.995 239.043 239.346 239.223 238.920 239.219 239.611 239.940 238.677 238.742
2014 239.857 241.059 242.491 242.437 243.362 243.528 243.727 243.556 243.623 243.341 241.753 240.475
2015 239.724 241.297 243.738 243.569 246.093 245.459 247.066 246.328 245.431 245.812 245.711 245.357
2016 247.155 247.113 247.873 248.368 249.554 249.789 249.784 249.700 250.145 251.098 250.185 250.189
2017 252.373 253.815 254.525 254.971 255.674 255.275 256.023 256.739 257.890 258.883 259.135 259.220
2018 261.235 263.012 264.158 265.095 266.148 265.522 266.007 266.665 268.032 269.482 268.560 267.631
2019 269.468 269.608 271.311 273.945 274.479 274.380 274.682 274.579 276.054 278.075 277.239 275.553
2020 277.755 278.657 276.589 275.853 276.842 278.121 279.899 280.116 279.366 279.947 280.102 279.560
2021 280.178 281.347 282.648 285.808
2019 - 2020 CPI INCREASE 1.908
% OF CPI INCREASE 0.7%
2020 - 2021 CPI INCREASE 9.955
% OF CPI INCREASE 3.6%
2019 - 2021 CPI INCREASE 11.863
% OF CPI INCREASE 4.3%
Not Seasonally Adjusted
All items in Los Angeles-Long Beach-Anaheim, CA,
all urban consumers, not seasonally adjusted
Los Angeles-Long Beach-Anaheim, CA
All items
1982-84=100
2011 to 2021
PROPOSED NEW RATES
CPI for All Urban Consumers (CPI-U)
Original Data Value
CUURS49ASA0
RATES
214
Attachment B
Revised Exhibit A to Legal Services Agreement
215
Agreement between City of Moorpark and Richards, Watson & Gershon Page A-1
12853-0001\1732960v8.doc
Exhibit A – Rates
(Effective July 1, 2021)
RWG shall be compensated and reimbursed as follows:
General Services. For General Services as defined herein, the rate for the first twenty
(20) hours of time per month, irrespective of the attorney who performs the work, shall
be at $189 $195 per hour. General Services include: (i) attendance of the City Attorney
or Assistant City Attorney at City Council meetings and other meetings of the boards,
committees and commissions of the City and City Agencies as they are directed to
attend by the City Council or City Manager; (ii) services by the City Attorney or Assistant
City Attorney in assigning, supervising and coordinating the work of other attorneys
providing services to the City; (iii) legal services in connection with the enforcement of
the municipal code, excluding Code Enforcement Litigation, as defined below; and (iv)
all other communications with staff and legal services provided to the City and City
Agencies except those services that are within the categories of Special Services, Code
Enforcement Litigation, General Litigation or Bond Counsel and Disclosure Counsel
Services, as defined below. For General Services in excess of the first twenty (20)
hours of time per month, irrespective of the attorney performing the work, the rate shall
be at the rate of $241 $248 per hour for shareholders and senior attorneys and $224
$231 for all other attorneys.
Special Services. Special Services includes: (i) real estate matters, labor and
employment law services, water and water rights services, and environmental law
services, including but not limited to, Hazardous Waste, Clean Air Act, and Clean Water
Act issues; (ii) services in connection with complex land use matters, which are defined
to mean the drafting and negotiation of development agreements and the drafting and
negotiation of land use entitlements for land use projects of 100 or more residential
units or in excess of three (3) acres; and (iii) any legal services project that the City
Manager and the City Attorney agree is anticipated to require more than 20 hours of
services on the project. Special Services excludes any legal services in the categories
of Code Enforcement Litigation, General Litigation, and Bond Counsel and Disclosure
Counsel Services, as defined below, with the exception that review of bond counsel and
disclosure counsel work prepared by another firm under separate contract with the City
shall be provided as special services. Except for the City Attorney and Assistant City
Attorney, attorneys providing Special Services shall be billed at the following rates:
$218 $225 per hour for associates in the first through third year of legal practice
$241 $248 per hour for associates in the fourth through seventh year of legal practice
$298 $307 per hour for senior attorneys and shareholders
$172 $177 per hour for paralegal services
With respect to the City Attorney and Assistant City Attorney, any services (including
travel time) they provide on matters that otherwise would be defined as Special
Services, shall be billed as General Services unless the City Manager provides advance
written approval that specific aspects of the City Attorney’s or Assistant City Attorney’s
216
Exhibit A to Agreement between City of Moorpark and Richards, Watson & Gershon Page A-2
12853-0001\1732960v8.doc
work may be billed as Special Services.
Code Enforcement Litigation. For legal services provided in connection with the
preparation, filing and litigating civil and criminal lawsuits to enforce the municipal code,
including criminal prosecutions complaints, the rate will be a flat blended rate of
$258$266 per hour for senior attorneys and shareholders and $224 $231 per hour for
associates.
General Litigation. General Litigation includes the representation of the City, City
Agencies, or both, in court and other legal proceedings, including, without limitation,
arbitration and mediation, and in administrative proceedings before other bodies, but
shall exclude legal services in the category of Code Enforcement Services, as defined
above. Litigation shall be provided at the following rates:
$218 $225 per hour for associates in the first through third year of legal practice
$241 $248 per hour for associates in the fourth through seventh year of legal practice
$332 $342 per hour for senior attorneys and shareholders
$172 $177 per hour for paralegal services
Travel Time. Travel time to and from City Hall by the City Attorney and Assistant City
Attorney will be charged as follows: (1) the first (1st) through third (3rd) round trip each
calendar month will not be charged the City; and (2) the fourth (4th) and subsequent
round trip in the same calendar month will be charged at the applicable hourly rate for
the service. Travel time for attorneys other than the City Attorney and Assistant City
Attorney to and from City Hall and any travel time to destinations other than City Hall for
any attorney, including the City Attorney and Assistant City Attorney, will be charged at
the applicable hourly rate for the service. Travel time for any attorney not permanently
working from the Los Angeles Office will only include the time from the Los Angeles
Office to City Hall or other destination and will not include time to and from the
attorney’s originating office.
Billing Increments and Accounts. Time incurred in providing these services will be
billed in increments of one-tenth of an hour to billing accounts set up as specified by
City staff.
Reimbursable and/or Other Costs. Mileage will be billed at the standard rate
established by the IRS for deducting the operating expenses of an automobile used for
business purposes. This rate established by the IRS currently is 57.556.0 cents per
mile. Copying costs will be charged at 5 cents per page. There will be no charge for
facsimiles. All other costs, such as long distance telephone charges, messenger and
delivery services, and legal research services will be charged only at the firm’s actual
out-of-pocket expenses, with the exception that the City will not be billed for telephone
calls within Los Angeles and Ventura Counties. The firm will not charge for word
processing and similar clerical tasks, and for the costs of first-class postage.
Bond Counsel and Disclosure Counsel Services. Bond counsel services include a
review of the proceedings for the issuance and sale of bonds, step-by-step as taken, the
217
Exhibit A to Agreement between City of Moorpark and Richards, Watson & Gershon Page A-3
12853-0001\1732960v8.doc
preparation of all resolutions and other documents relating to the issuance and sale of
the bonds, the drafting of the trust indenture and all closing documents, including the
appropriate certificates and receipts, and the drafting of the approving legal opinion
regarding the bonds at closing and all other services customarily provided by bond
counsel. Our fee for performing services as bond counsel with respect to each series of
bonds will be $35,000 plus 0.20 percent of the principal amount from $5,000,000 to
$10,000,000, plus 0.10 percent of the principal amount in excess of $10,000,000 up to
$35,000,000, plus 0.05 percent of the principal amount of bonds in excess of
$35,000,000.
For disclosure counsel, our services include the preparation of the official statement and
the continuing disclosure agreement. On the basis of the information that is made
available to us and without undertaking to determine independently the accuracy,
completeness or fairness of that information, we provide a letter at the closing and the
delivery of the bonds addressed to the issuer and indicating that nothing has come to
our attention that causes us to believe that the official statement contains any untrue
statement of a material fact or omits to state a material fact necessary to make the
statements therein, in light of the circumstances under which they were made, not
misleading. Our fee for performing services as disclosure counsel with respect to each
series of bonds will be the greater of $20,000 or one-half of our bond counsel fee.
The proceedings will be structured so that our fees and expenses will be paid or
reimbursed from sale proceeds of the bonds.
Outside Counsel, Experts and Consultants. In the event that it is necessary in the
opinion of the City Attorney or City Council to retain outside legal counsel, professional
consultants, experts, or other specialists, and RWG is authorized by the City Council to
hire such person or entity, RWG shall pay the actual cost for the services and shall
include the direct cost payment amount on RWG’s regular monthly invoice or on a
separate invoice, at the direction of the City Manager, for payment by the City. Such
outside services shall not be retained by RWG without prior authorization of the City
Council. In the event RWG hires outside legal counsel, professional consultants,
experts or other specialists, City and City Agencies hereby agree that RWG shall not be
liable (including without limitation, vicariously liable) or otherwise responsible for the
acts, omissions, negligence, including but not limited to, professional negligence, of
those persons or entities. In agreements between RWG and the outside legal counsel,
professional consultant, expert or other specialist, RWG shall seek to obtain
indemnification of RWG, the City and City Agencies for the acts, omissions, negligence,
including but not limited to, professional negligence, of those persons or entities. RWG
and City (and City Agencies in appropriate circumstances), shall meet and confer and
develop a mutually agreeable form of indemnification to be used in each contract with
any outside legal counsel, professional consultants, experts or other specialists. RWG
shall obtain the City’s (and City Agency’s in appropriate circumstances) prior written
consent to any revisions to a mutually agreed form of indemnification. RWG shall have
no obligation to retain any legal counsel, professional consultant, expert or other
specialist that refuses to accept an approved form of indemnity.
218
Exhibit A to Agreement between City of Moorpark and Richards, Watson & Gershon Page A-4
12853-0001\1732960v8.doc
Shared Research or Legal Opinions. In the event of litigation or an issue that affects
more than one client of RWG and RWG proposes to create a pooled billing account for
that litigation or work, the City Manager shall be provided with a written statement of the
method by which RWG proposes to bill for the service, including the City’s or City
Agency’s pro rata share of the time billed to that pooled account.. In the event that the
City Manager does not accept the proposal and does not want to be included in the
pooled billing account, but subsequently requests that work be done on the matter that
was the subject of the proposal, the City shall be billed in accordance with this
Agreement and not in accordance with the terms of the pooled billed account.
219
ATTACHMENT 3
RESOLUTION NO. 2021-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING AN ANNUAL
CONSUMER PRICE INDEX ADJUSTMENT FOR RATES IN
THE CITY ATTORNEY LEGAL SERVICES AGREEMENT
WITH RICHARDS, WATSON & GERSHON
WHEREAS, the City Council approved a legal services agreement with the firm of
Richards, Watson & Gershon (RWG) on November 7, 2012, for the provision of City
Attorney services, and that Agreement was fully executed on November 16, 2012; and,
WHEREAS, said legal services agreement provides that the service rates for City
Attorney services shall be adjusted annually on July 1 consistent with the Consumer Price
Index (CPI); and,
WHEREAS, RWG agreed to defer the one-year annual CPI adjustment from April
2019 to April 2020 that was scheduled to take effect on July 1, 2020, due to the financial
uncertainty of the City caused by the COVID-19 pandemic, and the rate increase will be
implemented concurrently with the July 1, 2021, CPI rate adjustment; and,
WHEREAS, the applicable CPI adjustment for the 2019 - 2021 two-year period is
4.3%; and,
WHEREAS, the City and RWG agree to mitigate the financial impact of this 4.3%
rate increase by adjusting the rates by 3.0% effective July 1, 2021, and then adjusting the
rates by another 1.3% effective January 1, 2022; and,
WHEREAS, said legal services agreement requires City Council approval of any
annual adjustment of 3.0% or more.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves an annual Consumer Price Index
adjustment to the rates set forth in the legal services agreement with the firm of Richards,
Watson & Gershon by 3.0% effective July 1, 2021, and another 1.3% effective January 1,
2022, as listed in Exhibit A, attached hereto.
SECTION 2. This resolution shall become effective on July 1, 2021.
220
Resolution No. 2021-___
Page 2
SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall
cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 21st day of July 2021.
________________________________
Janice S. Parvin, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
Exhibit A: New Service Rates
221
Resolution No. 2021-___
Page 3
EXHIBIT A: NEW SERVICE RATES
Type of Service Current Rates New Rates New Rates
July 1, 2021 January 1, 2022
General Services
First 20 Hours $189 All Attorneys $195 $197
Excess Hours $224 Associates $231 $234
$241 All Other Attorneys $248 $251
Special Services $218 Associates 1-3 years of legal practice $225 $227
$241 K. Ennis/N. Ghirelli and Associates $248 $251
4-7 years of legal practice
$298 Senior Attorneys and Shareholders $307 $311
$172 Paralegals $177 $179
Code Enforcement Litigation
$224 Associates $231 $234
$258 Senior Attorneys and Shareholders $266 $269
General Litigation
$218 Associates 1-3 years of legal practice $225 $227
$241 Associates 4-7 years of legal practice $248 $251
$332 Senior Attorneys and Shareholders $342 $346
$172 Paralegals $177 $179
222