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HomeMy WebLinkAboutAGENDA REPORT 1986 1103 CC REG ITEM 10CTHOMAS C. FERGUSON Mayor DANNY A. WOOLARD Mayor Pro Tern JAMES A. HARTLEY Councilmember ALBERT PRIETO Councilmember LETA YANCY - SUTTON Councilmember THOMAS P. GENOVESE City Treasurer �Ti0 FROM = DATE = MOORPARK MEMORANDUM The Honorable City Council Steven Kueny, City Manager �> October 30, 1986 sUB.1ECT = AGREEMENT FOR CITY ATTORNEY SERVICES BACKGROUND ITEM 10 C:3 STEVEN KUENY City Manager CHERYL J. KANE City Attorney RICHARD MORTON Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police As reported at the October 20, 1986 meeting, the City Attorney has proposed a rate increase, as contained in the attached letter, to be effective upon approval by the City Council. This would increase the City Attorney's and Assistant City Attorney's rates from $90 and $75, respectively, to $100 per hour. The retainer is proposed to remain at $1,500 per month for the first 20 hours of service. The firm of Burke, Williams and Sorensen has served the City since incorporation. During the first year, 1983 -84, they served at the rate of $1,400 per month. Effective July 1, 1984, the City Attorney has been paid the monthly retainer of $1,500 for the first 20 hours of service plus the aforementioned rates for hours in excess of the retainer. This was approved by the Council in Resolution No. 84 -108 and has been in effect for the last 28 months. A survey of the rates and retainer amounts for other comparably sized and /or developing cities is as follows: CITY Agoura Hills Palmdale Santa Paula Westlake Village San Dimas MONTHLY RETAINER $1,650/20 hours 3,000/no limit 1,700/no limit 1,650/20 hours 2,900/32 hours HOURLY RATE $ 100.00 125.00 80.00 80.00 $65- 130.00 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 The Honorable City Council Page 2 October 30, 1986 The retainer services provided in those cities with "no limit" are generally restricted to items related to preparation for and attendance at City Council and Planning Commission meetings. The hourly rates are charged for litigation and other special services. I have met with the City Attorney and developed a proposed agreement. This agreement covers the following points: 1. Retainer - The first 20 billable hours each month are provided at $1,500. 2. Both the City Attorney ( Cheryl Kane) and Deputy City Attorney ( Scott Field) hourly rates would be $100. The City shall receive a minimum of thirty (30) -days notice prior to any proposed increase in this rate which the City has the discretion to approve or not approve. 3. Time is billed in one -tenth (1/10) of an hour increments. 4. Hourly rates for other attorneys are pursuant to the firm's schedule of rates. City shall receive a minimum of forty -five (45) -day notice prior to any change in the firm's rate which are effective at the conclusion of the notification period. 5. City will be billed for long distance phone calls other than those within Los Angeles and Ventura Counties. 6. Direct billings, such as express mail and messenger charges, will be billed at direct cost. First -class postage costs are not billed to the City. 7. Duplicating expenses for other than the first copy of the work product prepared by the City Attorney's office will be charged at the per page rate customarily charged to the firm's clients. This rate is currently 20 cents per page. 8. Items placed on the firm's central word processing system, as determined necessary by the City Attorney, will be charged at the per page rate customarily charged to the firm's clients. This rate is currently $26.00 per hour charged in increments of 1/10 of one hour. 9. For meetings or appearances of at least four (4) hours duration, at a location other than the firm's Los Angeles office, only travel time to the meeting shall be billed. All other travel time shall be billed portal -to- portal . 10. In the event of litigation or an issue that affects more than one client of the firm, the firm shall provide the City Manager with a written statement of the method by which the firm proposes to bill for the work. In the event that the City Manager does not accept the proposal, 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 for services rendered at the request of the City. The Honorable City Council Page 3 October 30, 1986 11. Prior to initiation of work on any item of special services such as litigation, review or preparation of bond documents or research on an issue, the City may request from the City Attorney a written statement of the estimated cost of such work. As previously reported, I am supportive of the requested hourly rate increase and recommend approval of a written agreement to set forth the terms and conditions for retention of Burke, Williams & Sorensen to provide City Attorney services. RECOMMENDED ACTION 1. Adopt Resolution No. , rescinding Resolution No. 84 -108 which was the previous action concerning City Attorney services. 2. Approve the attached agreement designating the City Attorney and setting forth terms and conditions of employment. SK:igb Attachment AGREEMENT FOR CITY ATTORNEY SERVICE This agreement is made this day of November 1986, by and between Burke, Williams & Sorensen, a partnership of a professional corporation hereinafter referred to as "Burke, Williams & Sorensen" and the City of Moorpark, a general law city, hereinafter referred to as "City ", with reference to the following recitals of facts. DL'('TTTT C A) City desires to continue to retain Burke, Williams & Sorensen to provide legal services and serve as City Attorney at the rate of compensation set forth below and to perform the duties and services more particularly set forth below; and B) City desires to appoint Cheryl J. Kane as City Attorney and Scott Field as Deputy City Attorney; and C) Burke, Williams & Sorensen is willing to perform the duties and services of City Attorney as set forth below; NOW, THEREFORE, IT IS MUTUALLY AGREED between the parties as follows: 1. Cheryl J. Kane is appointed City Attorney and Scott Field as Deputy City Attorney. 2. The City Attorney will perform the following services for City: (a) Attend all regular meetings of the City Council and adjourned and special meetings of the City Council when requested by City . (b) Attend all meetings of the Planning Commission when requested by City. (c) Provide legal advice and opinions on all matters affecting the City when requested by City Council and City Manager, except when prevented from doing so by a conflict of interest. (d) Attend other meetings of boards, commissions and committees of the City when requested by City Council or City Manager. (e) Prepare resolutions and ordinances; review and certify as to legal form all City contracts, agreements and documents as requested. (f) Criminal prosecution of violations of City ordinances. (g) Represent the City in civil litigation and prepare and review bond documents and other legal matters upon request of the City. Prior to the initiation of work on any such items, the City may request from the City Attorney a written statement of the estimated cost of such work. 3. With the written approval of the City, the City Attorney may designate other attorneys from Burke, Williams & Sorensen to serve as Deputy City Attorney. With the prior written approval of the City, any Deputy City Attorney may act on behalf of the City Attorney. 4. (a) The City Attorney shall receive as compensation a monthly retainer of Fifteen - Hundred Dollars ($1,500) for the first twenty (20) hours of billable time. -2- (b) Any work done by the designated City Attorney and Deputy City Attorney in excess of said twenty (20) hours shall be billed at the hourly rate of One - Hundred Dollars ($100). (c) Burke, Williams & Sorensen shall notify the City in writing at least forty -five (45) days prior to the proposed effective date of any increase in the hourly rate for the City Attorney or Deputy City Attorney. City shall take action to approve or reject said request within forty -five (45) days following receipt of the aforesaid notice. (d) Any work done by other attorneys from Burke, Williams & Sorensen in fulfillment of the City Attorney's responsibilities shall be compensated in accordance with the hourly billing rates of Burke, Williams and Sorensen. A copy of the applicable rates is attached as Exhibit "A" and incorporated herein by reference as though fully set forth. Burke, Williams & Sorensen shall notify the City in writing at least forty -five (45) days prior to the effective date of any changes in said Exhibit "A ". Said changes shall become effective forty -five (45) days after receipt of the written notification by the City. (e) Time shall be billed in increments of one -tenth (1/10) of an hour. (f) City shall be billed for long distance phone calls other than those within Los Angeles and Ventura Counties. -3- (g) Out -of- pocket expenses, including but not limited to express mail and messenger services, will be billed at direct cost. The costs of first -class postage will not be billed to the City. (h) Duplicating expenses for other than the first copy of the work product prepared by the City Attorney's office and items placed on the Burke, Williams & Sorensen central word processing system, as determined necessary by the City Attorney, will be charged at the respective per page rate and hourly rate customarily charged Burke, Williams & Sorensen clients. (i) For meetings or appearances of at least four (4) hours duration, at a location other than the Los Angeles office of Burke, Williams & Sorensen, only travel time to the meeting shall be billed. All other travel time shall be billed portal -to- portal. 5. In the event of litigation or an issue that affects more than one client of Burke, Williams & Sorensen, the City Manager shall be provided with a written statement of the method by which they propose to bill for the work. In the event that the City Manager does not accept the proposal, 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 for services rendered at the request of the City. MEW 6. In the event that it is necessary, in the opinion of the City Attorney or City Council to retain other legal counsel, the City shall pay the actual cost of such legal counsel. Such legal counsel shall not be retained by the City Attorney without prior written authorization of the City. 7. Burke, Williams & Sorensen shall submit a monthly statement to the City accounting for all services provided pursuant to the terms of this agreement. Said statement shall clearly set forth by date the type of work for which the billing is submitted. The City shall review the Burke, Williams & Sorensen monthly statements and pay for services rendered and costs incurred as provided for in this agreement on a monthly basis. 8. This agreement and all legal services to be rendered under it may be terminated at any time upon thirty (30) days' written notice from either party with or without cause. In the event of such termination, Burke, Williams & Sorensen shall be paid for all work completed before the effective date of said termination. Burke, Williams & Sorensen Mayor of the City of Moorpark, ATTEST: California City Cler (SEAL) -5- Martin J. Burke George W. Tackabury James T. Bradshaw, Jr. Mark C. Allen Richard R. Terzian Martin L. Burke Carl K. Newton J. Robert Flandrick Edward M. Fox Dennis P. Burke Leland C. Dolley Colin Lennard Thomas J. Feeley Neil F. Yeager Brian A. Pierik Katherine E. Stone Charles M. Calderon Peter M. Thorson Harold A. Bridges Raymond J. Fuentes Associates - 5 + years - 4 years - 3 years - 2 years - 1 year Paralegal ATTORNEYS' FEES EXH 11 B 31 T .. T .. Hourly Rates $150 150 165 165 165 150 160 160 175 150 150 150 140 150 140 145 140 140 140 140 125 110 100 95 85 75 RESOLUTION NO. 84 -108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK RESCINDING RESOLUTION NO. 83 -5 AND APPOINTING A CITY ATTORNEY, ASSOCIATE CITY ATTORNEY AND ASSISTANT CITY ATTORNEY. THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Cheryl J. Kane of the firm of Burke, Williams & Sorensen is appointed City Attorney. Section 2. The compensation that the City Attorney will be receiving will be One Thousand Five Hundred Dollars ($1,500.00) per month and, in addition thereto, she, and the firm of Burke, Williams & Sorensen, shall receive such reasonable additional fees or compensation as the City Council may allow for suits, appearances or proceedings before any court, board, officer or commission in or before which she, or others, have been directed to act or appear, and also, as allowed by Council, extra compei�sation for bond issues of all kinds and for any service which the Council may deem extraordinary. Section 3. Mark C. Allen, Jr. is appointed as Associate City Attorney and Scott F. Field is appointed Deputy City Attorney, without further compensation except to the extent provided in Section 2 of this Resolution. Section 4. Resolution No. 83 -5 approved and adopted on July 2, 1983, is hereby rescinded effective July 1, 1984. Section 5. This Resolution shall become opera- tive on July 1, 1984, and shall remain inoperative until that date. PASSED, APPROVED AND ADOPTED this 20 day of 1984. 1 ayor ATTEST: RESOLUTION NO. 86- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, RESCINDING RESOLUTION NO. 84 -108 WHEREAS, Resolution No. 84 -108 appointed Cheryl J. Kane of the law firm of Burke, Williams & Sorenson as City Attorney; and WHEREAS, the firm of Burke, Williams & Sorensen has provided legal services and a member of the firm has served as City Attorney since incorporation of the City in July 1983; and WHEREAS, both the City of Moorpark and Burke, Williams & Sorensen are desirous of clarifying the responsibilities and compensation of the City Attorney by an appropriate agreement; and WHEREAS, the provisions of an agreement for City Attorney Services will incorporate portions of Resolution No. 84 -108; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: That Resolution No. 84 -108 approved and adopted on June 20, 1984 and effective since July 1, 1984 is hereby rescinded effective November 1, 1986. PASSED AND ADOPTED this day of ATTEST: City Clerk (S EAL ) 4*0:. Mayor of the City of Moorpark, California