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
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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]
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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]
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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
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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
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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
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