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HomeMy WebLinkAboutAGENDA REPORT 1995 0705 CC REG ITEM 08ICITY OF MOORPARK AGENDA REPORT TO: Honorable City Council FROM: Richard Hare, Deputy City DATE: June 29, 1995 (Meeting of SUBJECT: Consider Request from Burke, Williams and Sorensen for an Increase in the City Attorney Rate and Monthly Retainer Fee ITEM i The City Attorney, Cheryl Kane has requested the consideration of an increasee in contract fees for legal services. Her letter, dated April 8, is attached. Staff has reviewed too service rates from other cities and found that there is a wide range frmn $100 per Hour to $350 for services beyond the retainer. Retainer cages and the services deed by the term " retaine ' also vary widely. It is very difficult to rely on comparisons, therefore staff has viewed the request based on the history of services rendered for the City of Moorpark since 1984. Background Since the City's incorporation, the law firm of Burke, Wilms and Sorensen (BWS) has provided legal services on a retainer and hourly basis. The services provided by BWS inckrde retainer services, litigation SOW=, and 11011-rctsmff services. The deG itions of each are coed in the contract with BWS which is attached. Esseeb dy, the first 20 hours of retainer services are billed at $1,500 each month and additkxW hours are belled at an hourly rate. The retainer rate has not increased over the iast deven years. The peropoW calls for an umvese in the base retainer rate of $500 to $2,000 or $100 per hour for the first 20 hours of retainer services. Hourly rate increases are also requested from $5 per hour to $10 per hour. These rate increases range from 3 percent to 9 percent of the former rates. The City Attorney rate which comprises a significant portion of the normal Wings would increase from $135/$165 for retainer and litgation services/non- retainer services to $140/$170. Funding Additional funds to meret the proposed raft increase have not been proceed into this year's budget. Staff has recommended that economics be iestgtu d in the schadv lung of the City Attorney's services to keep the overall annual expenditures to the same level. RH\MPMca_FU93 0012.6 R9 9 -:1/ Recommendation Approve addendum to astenwit for city attorney amrvices which increams the City Attorney rate from $135/165 to $140!$ 170, montWy retainer fee for the first 20 hours of service from $1,500 to $2,004 and other hourly rate increases, per exhibit A. RHWK\ca_FEE95 00127 VENTURA COUNTY OFFICE 2310 PONDEROSA DRIVE SUITE I CAMARILLO. CALIFORNIA 93010 (805) 987 -3468 ORANGE COUNTY OFFICE 3200 BRISTOL STREET SUITE 640 COSTA MESA, CALIFORNIA 92626 (714) 545 -5559 LAX2:124346.1 LAW OFFICES BURKE, WILLIAMS 8e SORENSEN 611 WEST SIXTH STREET, SUITE 2500 LOS ANGELES, CALIFORNIA 90017 TO: CITY MANAGER FROM: CITY ATTORNEY (213) 236 -0600 TELECOPIER: (213) 236 -2700 BURKE, WILLIAMS, SORENSEN 6 GAAR LIGHTON PLAZA 7300 COLLEGE BOULEVARD SUITE 220 OVERLAND PARK, KANSAS 66210 1913) 339 -6200 WRITER'S DIRECT DIAL OUR FILE NO. DATE: APRIL 8, 1995 0 t RE: CONTRACT FOR CITY ATTORNEY SERVICES PROPOSED RATE INCREASE CITY OF MOM IM OFFICE OF CITY MANAGER Please find enclosed an increase in billing rates proposed to be effective July 1, 1995. The proposal is made in accordance with Section 3.C. of the July 1, 1989 Agreement for City Attorney Services. The existing rates will have been in effect for three years as of July 1 of this year. Between July, 1992 and July, 1995, our costs will have risen by more than the Consumer Price Index - -All Urban Consumers -- Greater Los Angeles Area, which will have risen by approximately 9 percent. The proposal increases the regular rate of the City Attorney by $5.00 an hours -- a percentage increase of 4 %; the rates of,all but the most senior partners by $5.00 an hour -- a percentage increase of 3 %; the rates of associates by $10.00 an hours -- a percentage increase ranging from 7% to 9 %; and the paralegal rate by $5.00 an hour -- a percentage increase of 6 %. The proposal also increases the retainer from $1,500.00 for 20 hours (or $75.00 an hour) to $2,000 for 20 hours (or $100.00 an hour). The retainer has not been increased since 1984. On an hourly basis, in 1984 the retainer was 83% of the City Attorney's regular rate of $90.00; today it is 56% of the City Attorney's regular rate of $135.00. Under the proposal, the retainer would be 71% of the City Attorney's rate of $140.00. I would appreciate discussing the proposal with you at your earliest convenience. CJK: Enclosure 00128 SECOND ADDENDUM TO AGREEMENT FOR CITY ATTORNEY SERVICES This day of , 1995, Burke, Williams & Sorensen, a partnership inc-ludinq professional corporations, and the City of Moorpark, a general law city, entered into this Second Addendum ( "Second Addendum ") to the Agreement for City Attorney Services dated July 1, 1989 ( "Agreement "). follows: IT IS MUTUALLY AGREED by and between the parties as 1. Exhibit "A" of the FIrst Addendum to the Agreement, dated July 1, 1992 is amended and superseded by the Exhibit A attached hereto and incorporated herein by reference. 2. Except as amended by this Second Addendum, all of the provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Second Addendum to be executed by their duly authorized officers the day and year first above written. CITY OF MOORPARK ATTEST: MAYOR CITY CLERK BURKE, WILLIAMS & SORENSEN CHERYL J. KANE JAMES T. BRADSHAW LAX2:124340.1 00129 A. IM C. Q0, IAX2:124340.1 EXHIBIT "A" / 9 15- General Retainer Rate. The rate for the first twenty (20) hours of time billed to the general retainer account, irrespective of the attorney who performed the work, shall be $2,000. City Attorney and Assistant City Attorney Rates. The rate for the City Attorney shall be $140 per hour for Retainer Services and Litigation Services and $170 per hour for Non- retainer Services. The rate for the Assistant City Attorney and Acting Assistant City Attorney shall be (i) for Retainer Services and Non - Retainer Services, the rate set forth in subsection C for that individual, provided that the rate shall not exceed the rate for the City Attorney and (ii) for Litigation Services, the rate set forth in subsection C for that individual. Other Rates. The hourly rate, for attorneys based on the number of years admitted to the bar, shall be as follows, irrespective of whether the Service is Retainer, Litigation or Non - retainer: Partners - 25 years or more $190 - 15 to 25 years $180 - 14 years or less $170 Associates - 5th year or more $160 - 4th year $150 - 3rd year $140 - 2nd year $135 - 1st year $125 Paralegal - $ 85 Billable Travel Time. Portal -to- portal travel time between the BW &S Ventura County Offices in Camarillo and the Moorpark City Hall shall be billed as .9 hours and between the BW &S Ventura County offices in Camarillo and the Ventura County Government Center shall be billed as .8 hours. [Bold indicates changes from the existing Exhibit "A"] -2- 00130- 13334.1 iiy•YQ FIRST ADDENDUM TO AGREEMENT FOR CITY ATTORNEY SERVICES This day of , 1992, Burke, Williams & Sorensen, a partner p uding prof—essional corporations, and the City of Moorpark, a general law city, entered into this First Addendum ( "First Addendum ") to the Agreement for City Attorney Services dated July 1, 1989 ( "Agreement "). follows: IT IS MUTUALLY AGREED by and between the parties as 1. Exhibit "A" of the Agreement is amended and superseded by the Exhibit "A" attached hereto and incorporated herein by reference. 2. Except as amended by this First Addendum, all of the provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this First Addendum to be executed by their duly authorized officers the day and year first above written. CITY OF MOORPARK OR ATTEST: BURKE, WILLIAMS & SORENSEN J. E hm AM 31 A. [;ffl C. D. 13274.2 EXHIBIT "A" /99Z General Retainer Rate. The rate for the first twenty (20) hours of time billed to the general retainer account, irrespective of the attorney who performed the work, shall be $1,500. City Attorney and Assistant City Attorney Rates. The rate for the City Attorney shall be $135 per hour for Retainer Services and Litigation Services and $165 per hour for Non - retainer Services. The rate for the Assistant City Attorney and Acting Assistant City Attorney shall be (i) for Retainer Services and Non - Retainer Services, the rate set forth in subsection C for that individual, provided that the rate shall not exceed the rate for the City Attorney and (ii) for Litigation Services, the rate set forth in subsection C for that individual. Other Rates. The hourly rate, for attorneys based on the number of years admitted to the bar, shall be as follows, irrespective of whether the Service is Retainer, Litigation or Non - retainer: Partners - 25 years or more $190 - 15 to 25 years $175 - 14 years or less $165 Associates - 5th year or more $150 - 4th year $140 - 3rd year $130 - 2nd year $125 - 1st year $115 Paralegal - $ 80 Billable Travel Time. Portal -to- portal travel time between the BW &S Ventura County Offices in Camarillo and the Moorpark City Hall shall be billed as .9 hours and between the BW &S Ventura County Offices in Camarillo and the Ventura County Government Center shall be billed as .8 hours. 00132 LAW OFFICES BURKE, WILLIAMS & SORENSEN ONE WILSHIRE BUILDING MARTIN J. BURKE' SCOTT F. FIELD 624 SOUTH GRAND AVENUE, 11- FLOOR VENTURA COUNTY OFFICE GEORGE W TACKAGURY• GREGORY A DOCIMO LOS ANGELES, CALIFORNIA 90017 950 COUNTY SQUARE DRIVE JAMES T BRADSHAW JP.- ELIZABETH L. MANNA SUITE 207 MARK C ALLEN, JR.- KATHRYN PRUESSNER PETERS' (213) 236-0600 VENTURA. CALIFORNIA 93003 MARTIN L. BURKV LISA L KRANITZ (6051 614 -7460 CARL K. NEWTON` SLADE J. NEIGHBORS J. ROBERT FLANORICK' KIM E. MCNALLY TELECOPIER' (213) 236 -2700 NORMAN E. GAARt STEVEN A. DROWN _ ORANGE COUNTY OFFICE EDWARD M. FOX- DENNIS 1. FLOYD 3200 PARK CENTER DRIVE OENNIS R BURKV LINDA L DAUSE HARRY G WILLIAMS SUITE 660 LELAND G OOLLEY• M. LOIS SOBAK 11912-4967) COSTA MESA, CALIFORNIA 92626 COON L[NNARO' CECILIA M. QUICK (7141 545 -5559 THOMAS J. FEELEY' FELICIA J. NELSON ROYAL M. SORENSEN NEIL F. YEAGER* ROBERT K WADDEN (1914 -1963) BRIAN A. PIERIK' MICHAEL R. WOODS LIGHTON PLAZA CHARLES M. CALDERON, FRANK M. WHITEHEAD, M 7300 COLLEGE BOULEVARD PETER M. THOMSON• SCOTT H. CAMPBELL SUITE 220 JERRY M. PATTERSON MARYANN LINK GOODKIND OVERLAND PARK. KANSAS 66210 (9131 339 -6200 HAROLD A. BRIDGES' TIMOTHY S. wOSKER CHERYL J. KANE' DIANA L FIELD July 6 1989 RAYMOND J. FUENTES' PIT^ J. TAYLOR / OF TUNNEL VIRGINIA R. PESOLA STEVEN J. DAWSON DWIGHT A NEWELL S. PAUL BRUGUERA JAMES F RIGALI MARY REDUS GAYLE* B. DEREK STRAATSMA JAMES R. FELTON DON G. KIRCHER TERRY K. MENZER MICHELE R. VADON WRITER'S DIRECT DIAL �PROFESSIO"L CORPORATION f A PROFES51011AL ASSOCIATION 213-236-2721 AOMITTEO KANSAS 6 MISSOURI 'ADMITTED KANSAS OUR FILE NO. 01359 -001 Mr. Steven Kueny City Manager City of Moorpark 799 Moorpark'Avenue Moorpark, California 93021 Re: Agreement for City Attorney Services Dear Steve: Please find enclosed the original of the above - described agreement fully executed by this firm. Also enclosed is a duplicate original of the agreement; would you please have the duplicate original executed by the Mayor and returned to this office. Your assistance in this matter has been greatly appreciated. Ve y truly yours, CHER J KANE CITY RNEY, M ORPARK; and. BURKE, WILLIAMS & SORENSEN CJK:hsk Enclosures cjk /LTR7056 001.33- RECEIVED J U L 7 1989 Citlj of Moorpark AGREEMENT FOR CITY ATTORNEY SERVICES This Agreement is made this 1st day of July 1989, by and between Burke, Williams -& Sorensen, a partnership including professional corporations, hereinafter referred to as "Burke, Williams & Sorensen ", hereinafter referred to as BW &S, and the City of Moorpark, a general law city, hereinafter referred to as "City ", with reference to the following recitals of facts. RECITALS A) City desires to continue to retain BW &S to provide legal services and serve as City Attorney to perform the duties and services more particularly set forth below at the rate of compensation set forth below; and B) BW &S is willing to perform the duties and services of City Attorney as set forth below at the rate of compensation set forth below; NOW, THEREFORE, IT IS MUTUALLY AGREED between the parties as follows: 1. Designation of City Attorney. A. Cheryl J. Kane is designated as the City Attorney and Virginia R. Pesola is designated as the Assistant City Attorney. B. With the written approval of the City Manager, the City Attorney may, from time to time, designate other attorneys from BW &S to serve as the Assistant City Attorney. With the oral approval of the City Manager, the City Attorney may designate other attorneys from BW &S to serve as the Acting Assistant City Attorney. In the absence of the City Attorney, the Assistant City Attorney or Acting Assistant City Attorney may act on behalf of the City Attorney. 2. Services. The City Attorney will perform the following services for City upon the request of the City: 00134 A. Retainer Services (1) Attend all regular meetings of the City Council and adjourned and special meetings of the City Council. (2) Attend meetings of the Planning Commission. (3) Attend other meetings of boards, commissions and committees of the City. (4) Provide legal advice and opinions on all matters affecting the City, except when prevented from doing so by a conflict of interest. (5) Prepare resolutions and ordinances initiated by the City. (6) Prepare or review and certify as to legal form contracts, agreements and other documents between the City and other public or quasi - public entities or initiated by the City. (7) Prepare or review and certify as to legal form contracts, agreements and other documents (i) for the acquisition or disposal of services, supplies, equipment or land by the City; or (ii) for public works or projects initiated by the City. (8) Prepare or review bond documents. Prior to the initiation of any such work, the City may request from the City Attorney a written statement of the estimated cost of the work. (9) Act as general counsel to the Moorpark Redevelopment Agency (MRA). B. Litigation Services (1) Criminal prosecution of violations of City ordinances. (2) Represent the City in civil litigation brought• on behalf of, or against, the City. Prior to the initiation of any such work, the City may request from the City Attorney a written statement of the estimated cost of the work. CJK /AGR1982 -2 00 135' (Rev. 6/28/89) C. Non- retainer Services (1) Provide legal services which, by mutual agreement of the City Attorney and City Manager, do not come within the scope of Retainer Services or Litigation Services. Prior to the initiation of any such work, City Attorney a City may request from the written statement of the work. the estimated cost of the 3. Billing Rates and Practices. A. All Retainer Services, other than the preparation and review of bond documents, code enforcement matters and general counsel to the MRA, shall be billed to a general retainer account, unless the City Manager directs that a separate account of a service be maintained. A separate account shall be maintained for each Litigation Service and for each Non- retainer Service. B. Services performed by the designated City Attorney and Assistant City Attorney and any services performed by other attorneys from BW &S in fulfillment of the City Attorney's responsibilities shall be compensated in accordance with the rates set forth in Exhibit "A", attached hereto and incorporated herein by reference. C. BW &S shall notify the City in writing at least forty -five (45) days prior to the proposed effective date of any increase in the rates set forth in Exhibit "A". City shall take action to approve or reject said request within forty -five (45) days following receipt of the aforesaid notice. D. Time shall be billed in increments of one -tenth (1 /10) of an hour. E. City shall be billed for long distance phone calls other than those within Los Angeles and Ventura Counties. F'. Out -of- pocket expenses, including but not limited to express mail and messenger services, shall be billed at direct cost. The costs of first -class Postage shall not be billed to the City. CJK /AGR1982 -3 ( Rev. 6/28/89) 00136 G. Duplicating expenses for other than the first copy of the work product prepared by the City Attorney's office, documents placed on the BW &S central word processing system as determined necessary by the City Attorney and documents transmitted to the City by FAX shall be charged at the respective per page rate and hourly rate customarily charged BW &S clients. H. Travel time shall not be billed for meetings or appearances held at the Los Angeles and Ventura County offices of BW &S and for regular meetings of the City Council. For all other meetings or appearances, including without limitation, adjourned regular and special meetings of the City Council, travel time shall be billed portal -to- portal from the Los Angeles or Ventura County offices of BW &S nearest the location of the meeting or appearance. Billable travel time shall be shown on the statement in the same manner as other billable services and costs. I. In the event of litigation or an issue that affects more than one client of BW &S, the City Manager shall be provided with a written statement of the method by which BW &S proposes to bill for the service. 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. J. 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 Council. 4. Pa ment. A. BW &S shall submit monthly statements to the City accounting for all services provided and costs incurred pursuant to the terms of this Agreement. Said statements shall clearly set forth by date the type of work performed. B. Payment to BW &S shall be made by City within thirty (30) days of receipt of the statement, except for those which are contested or questioned and CJK /AGR1982 -4 (Rev. 6/28/89) 00137 returned by City, with written explanation, within thirty (30) days of receipt of the statement. BW &S shall provide to City a written response to any statement contested or questioned and further, upon request of City, provide City with any and all documents related to the service or costs. No charge shall be made for time expended in providing this information to the City. 5. Indemnification. A. BW &S shall hold harmless, indemnify and defend the City and its officers, employees, servants and agents serving as independent contractors in the role of City Manager, Deputy City Manager or Director of Community Development from any claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including but not limited to death or injury to any person and injury to any property, resulting from misconduct, negligent acts, errors or omissions of BW &S or any of its officers, employees or agents in the performance of this Agreement, except such damage as is caused by the negligence of the City or any of its officers, employees, servants or agents. B. The City does not, and shall not, waive any rights that it may have against BW &S by reason of subsection A of this Section 5, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provision of subsection A of this Section 5 shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described in subsection A of this Section 5. 6. Insurance. A. BW &S shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for, and maintain in full force and effect for the duration of this Agreement those policies of insurance required by this paragraph and shall furnish to the City Clerk CJK /AGR1982 -5- 00138 (Rev. 6/28/89) of the City certificates of said insurance on or before the commencement of the term of this agreement. In the event of cancellation or amendment of any such policy for any reason whatsoever, BW &S shall give notice thereof to City within three (3) business days after BW &S is in receipt of written notice of the cancellation or amendment. BW &S shall give City thirty (30) days written notice to the expiration of any such policy. B. Consistent with the provisions of subsection A of this Section 6, BW &S shall provide public liability insurance for bodily injury and property damage in the total amount of the public liability insurance coverage carried by BW &S, which amount shall not be less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) annual aggregate. The policy shall bear an endorsement or have attached a rider whereby the City is named as additional insured with BW &S. C. Consistent with the provisions of subsection A of this Section 6, BW &S shall provide professional liability (errors and omissions) insurance in the total amount of the professional liability insurance coverage carried by BW &S, which amount shall not be less than two million dollars ($2,000,000) on a claims made basis. D. Consistent with the provisions of subsection A of this Section 6, BW &S shall provide workers' compensation insurance as required by the California Labor Code. If any class of employees engaged by BW &S in work under this Agreement is not protected by the workers' compensation law, BW &S shall provide adequate insurance for the protection of such employees to the satisfaction of the City. 7. General Provisions. A. BW &S shall not assign this Agreement, or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that BW &S is uniquely qualified to perform the services provided for in this Agreement. B. City shall not be called upon to assume any liability for the direct payment of any salary, CJK /AGR1982 _6 00139 (Rev. 6/28/89) wage or other compensation to any person employed by BW &S performing services hereunder for City. C. BW &S is and shall at all times remain as to the City a wholly independent contractor. Neither the City nor any of its officers, employees, servants or agents shall have control over the conduct of BW &S or any of BW &S's officers, employees or agents. BW &S shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner employees of the City. D. In the performance of this Agreement, BW &S shall not engage in discrimination in employment of persons because of the age, race, color, sex, national origin or ancestry or religion of such persons. E. Nothing contained in this Agreement shall be deemed, construed or represented by the City or BW &S to any third person to create the relationship of principal or agent, or of a partnership, or of a joint venture, or of any other association of any kind or nature between the City and BW &S. F. Any notice to be given pursuant to -this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: TO: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Manager TO: Burke, Williams & Sorensen 624 South Grand Avenue, 11th Floor Los Angeles, CA 90017 Attn: Cheryl J. Kane Either party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above CJK /AGR1982 -7 OA ] 40 (Rev. 6/28/89) specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or upon deposit in the United States mail. G. This Agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both of the parties hereto. H. Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. I. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. J. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of, any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. K. Cases involving a dispute between the City and BW &S may be decided by an arbitrator, if both parties agree in writing, with costs proportional to the judgment of the arbitrator. L• This Agreement is made, entered in Ventura County, California, in any court or for arbitration interpretation, enforcement or terms, conditions or covenants into, and executed and any action filed for the other action of the referred to herein CJK /AGR1982 _8 00141 (Rev. 6/28/89) shall be filed in the applicable court in Ventura County, California. M. The captions and headings of the various sections and subsections of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective sections and subsections hereof. 8. Term. A. This Agreement shall remain in effect until amended or terminated. B. 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, BW &S shall be paid for all services performed and costs incurred before the effective date of said termination. C. In the event of termination of the Agreement, BW &S shall provide City, at City's request and cost, copies of work product prepared by, or on behalf of, BW &S pursuant to this Agreement and copies of any document obtained by BW &S pursuant to this Agreement. IN WITNESS this Agreement to be Officers the day and CITY OF MOORPARK WHEREOF, the parties hereto have caused executed by the duly authorized year first above written. BURKE, WILLIAMS & SORENSEN ayor C er J. K ne ATTEST: City Cle (SEAL) CJK /AGR1982 (Rev. 6/28/89) .C,r-v- '. 0 - 009 1 on 1 0 d, ame T. Bradshaw %0 -9_ 001 42 EXHIBIT "A" A. General Retainer Account. The rate for the first twenty (20) hours of time billed to the general retainer account, irrespective of the attorney who performed the work, shall be $1500. B. City Attorney and Assistant City Attorney. The rate for the City Attorney shall be $125 per hour for Retainer Services and Litigation Services and $145 per hour for Non - retainer Services. The rate for the Assistant City Attorney and Acting Assistant City Attorney shall be (i) for Retainer Services and Non - Retainer Services, the rate set forth in subsection C for that individual, provided that the rate shall not exceed the rate for the City Attorney and (ii) for Litigation Services, the rate set forth in subsection C for that individual. C. Other Attorneys. The hourly rate shall be as follows, irrespective of whether the Service is Retainer, Litigation or Non - retainer: Martin J. Burke $165 George W. Tackabury James T. Bradshaw, Jr 165 Mark C. Allen 180 Martin L. Burke 180 Carl K. Newton 180 J. Robert Flandrick 180 Norman E. Gaar 180 Edward M. Fox 180 Dennis P. Burke 180 Leland C. Dolley 165 Colin Lennard 165 Thomas J. Feeley 165 Neil F. Yeager 165 Brian A. Pierik 165 Charles M. Calderon 155 Peter M. Thorson 155 Jerry M. Patterson 155 155/190* * The $190 rate is for lobbying at the state and federal levels. 00 ' 43`