Loading...
Aleshire & Wynder LLP-2023-05AMENDMENT NO 1 TO CONTRACT SERVICES AGREEMENT FOR CITY ATTORNEY SERVICES CITY OF GRAND TERRACE This AMENDMENT NO 1 TO CONTRACT SERVICES AGREEMENT FOR CITY ATTORNEY SERVICES ("Amendment No 1") is made and entered into this 140' day of February, 2023, by and between the law firm of ALESHIRE & WYNDER, LLP, a California limited liability partnership ("A&W ' or Firm"), and the CITY OF GRAND TERRACE ("City"), a general law city The term "City" shall also include the Grand Terrace Successor Agency and all other City boards and commissions WHEREAS, City and the Firm entered into that certain Agreement entitled "Contract Services Agreement for City Attorney Services" (the "Agreement") on October 10t' of 2018, and WHEREAS, it is the desire of the City and the Firm to amend the Agreement as set forth in this Amendment No 1 to 1) update the attorneys that may perform services for the City, and 2) amend the compensation structure for performance of services by the Firm AGREEMENT In consideration of the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and the Firm agree as follows I Section 1. Section 1, "APPOINTMENT", is hereby amended and shall now read as follows - follows "City Council hereby appoints A&W as the City Attorney to render such legal services as are customarily rendered by such officials and as further specified herein, including attending meetings of the City Council, Successor Agency, Planning Commission and other boards and bodies of City, and its affiliated agencies, as directed by the City As of the effective date of this Agreement, Adrian R Guerra is appointed and designated as the City Attorney " A&W represents that 1t employs, or will employ at its own expense, all personnel required for the satisfactory performance of any and all tasks and services set forth herein A&W shall not replace the designated City Attorney (or any successors to such person) without the City Council's prior approval, except from time to time as may be necessary due to illness or vacation scheduling Approval of any such temporary substitute shall be obtained from the City Manager " Section 2 Section 3, "CITY DUTIES", is hereby amended and shall now read as "City agrees to provide such information, assistance, cooperation, and access to books, records, and other information, as is necessary for A&W to effectively render 01247 0001/856048 1 its professional services under this Agreement To the extent City desires services to be rendered on site, City, at City's expense, will make available sufficient office space, furniture, telephones, computers, facsimile machines, and secretarial support, as approved by the City Manager, as may be necessary therefor City further agrees to abide by this Agreement, and to timely pay A&W's bills for fees, costs, and expenses " Section 3 Section 4, "PERSONNEL", is hereby amended and shall now read as follows "In addition to Adrian R Guerra acting as City Attorney/Agency Counsel, City Attorney shall designate an Assistant City Attorney and appoint various deputies as City Attorney deems appropriate to meet the needs of the City, without the need for amendment hereof The City Manager shall approve any change to the Assistant City Attorney A&W will exercise its discretion to utilize whichever attorney(s) (and staff) it determines to be best suited to its rendition of legal services under this Agreement, consistent with the competent and efficient rendering of legal services, and with a view toward rendering such services in an economically efficient manner " Section 4 Section 5, "COMPENSATION", is hereby amended and shall now read as follows "City shall pay compensation to the Firm for performance of services herein in accordance with A&W's Fee Arrangement, as set forth in Exhibit "A", and Statement of Billing Practices, as set forth in Exhibit `B" Both exhibits are attached hereto and incorporated herein by this reference " Section 5 Exhibit "A" of the Agreement, entitled "Fee Arrangement" shall be replaced in its entirety with Exhibit "A" to this Amendment Section 6 Except as set forth herein, all other terms, conditions, and provisions of the Agreement, as amended, shall remain in full force and effect [SIGNATURES NEXT PAGE] 01247 0001/856048 1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No 1 on the date and year first -above written CITY CITY OF GRAND TERRACE, a mumc pal o oration B 1 Hussey, ayor A TEST Debra Thomas, City Clerk THE FIRM ALESHIRE & WYNDER P By Adrian R Guerra, Equity Partner [END OF SIGNATURES] 01247 0001/856048 1 EXHIBIT "A" FEE ARRANGEMENT Effective March 1, 2023, the following fee arrangement shall apply On July 1, 2024 and on July 1 of every year thereafter, an increase to the applicable rates and retainer amount shall be implemented at the then most currently available Consumer Price Index ("CPI"), rounded up to the nearest dollar, for all urban consumers in the Riverside - San Bernardino areas as published by the United States Government Bureau of Labor Statistics General Retainer A City shall pay a fixed fee of $10,000 00 per calendar month for up to 42 hours of General Legal Services City shall pay Partners $250 00 per hour and Associates $240 00 per hour for General Legal Services after 42 hours have been incurred per calendar month B General Legal Services are defined below Preparation for and attendance at City Council meetings, Planning Commission meetings, and any other City meetings requested by the City 2 Attendance at weekly staff meetings, if requested by the City Manager, meetings with City staff, and meetings with external parties relating to General Legal Services Providing routine legal advice, consultation, and opinions to the City Council, commissions, or staff 4 Drafting, editing, and/or review of ordinances, resolutions, and other related official documents 5 Drafting, negotiating, and/or review of agreements 6 Assisting with any California Public Records Act requests or responses to subpoenas for document production (where the city is not a party) 7 Monitoring new legislation and court opinions and updatmg/advismg the City Council, commissions and staff as appropriate II Special Projects A City shall pay Partners $250 00 per hour and Associates $240 00 per hour for Special Projects B Special Projects are services similar in nature to General Legal Services, but may require designation as single project that will be billed separately from the General Retainer due to budgeting or tracking purposes, because a significant amount of tune will be dedicated to completion of a single project, or because the project will be 01247 0001/856048 1 ongomg for more than one month Special Projects shall be pre -approved by the City Manager III Special Legal Services A City shall pay Partners $260 00 per hour and Associates $240 00 per hour for Special Legal Services B Special Legal Services shall include, but not be limited to, litigation matters, public finance, disciplinary actions or hearings, personnel work, labor negotiations, housing, cable television, water, toxics, refuse, franchising, enterprise activities and any major contract negotiation involving more than 10 hours (with City Manager approval) IV Insurance defense/nsk management, and code enforcement litigation services A City shall pay Partners and Associates $230 00 per hour V Reimbursable Services A Where there is an opportunity to obtain cost recovery through a private party, City shall pay the hourly rates below which shall be reimbursed by the private party For a business entity Partner - $350/hr Associate - $325/hr Paralegal/Law Clerks - $175/hr For an individual Partner - $310/hr Associate - $285/hr Paralegal/Law Clerks - $150/hr VI Public Finance A For Bond or Financial services in connection with the issuance or potential issuance of debt, loans, certificates of participation including formation of assessment or community facilities districts, etc, the hourly rate shall $400 00 per attorney hour Paralegal, law clerk, or project specialist time shall be billed at $175 00 per hour B Expenses shall be charged at the cost thereof, which expenses shall include the cost of special tax counsel, if applicable, in an amount not to exceed $5,000 00 and a not to exceed other expenses fee (excluding special tax counsel) of $2,500 00 per bond transaction VII Paralegals, Law Clerks, and Document A City shall pay Paralegals and Law Clerks at the rate of $160 per hour 01247 0001/856048 1 B City shall pay Document Clerks at the rate of $140 per hour VIII Costs and Out of Pocket Expenses A In addition to the foregoing, the Firm shall be reimbursed for out-of-pocket expenses as described in the attached Exhibit B IX This arrangement shall remain in effect until amended 01247 0001/8560481