Aleshire & Wynder-2018-39 CONTRACT SERVICES AGREEMENT FOR
CITY ATTORNEY SERVICES
CITY OF GRAND TERRACE
This CONTRACT SERVICES AGREEMENT FOR CITY ATTORNEY
SERVICES (the "Agreement") is effective as of the L day of October, 2018, 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.
1. APPOINTMENT
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 and Robert Khuu
is appointed and designated as the Assistant City Attorney.
A&W represents that it 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, or of any Assistant City
Attorney shall be obtained from the City Manager. City Attorney may appoint various deputies
as City Attorney deems appropriate, without the need for amendment hereof.
2. SCOPE OF WORK AND DUTIES
2.1 A&W shall perform any and all work necessary for the provision of City
Attorney services to City, including, but not limited to, the following:
a. Attendance for the City Council, Planning Commission, or
Successor Agency, or other affiliated entities, unless excused by the City Manager or his/her
designee, and other board and commission meetings on request of the City Manager or his/her
designee; and
b. Provide legal advice, written legal opinions,and consultation on all
matters affecting the City to the City Council, City Manager, boards, commissions, committees,
officers, and employees of City and as requested by the City Council, the City Manager, or
his/her designee, in accordance with such policies and procedures as may be established by City
from time to time; and
C. Be available for telephone consultation with City staff, as needed
on legal matters which are within their area of operation; and
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d. Prepare or review necessary legal documents such as: ordinances,
and resolutions; all agreements of any nature; all real property instruments of any nature
including purchase agreements and escrows, leases, covenants, deeds, easements and licenses;
bond size, amount, and offering terms and conditions; public works construction documents
including bid specifications, contracts, bonds, insurance, liens and related documents;
memorandum of understanding; franchise agreements; and all similar documents; and
e. Represent and advise City on pending and potential litigation;
notwithstanding the foregoing, it is expressly understood that A&W shall not be responsible for
any pending litigation matter(s) handled by attorneys previously or otherwise employed by the
City until all files have been transferred to A&W and A&W has specifically appeared in the
matter(s) as attorneys of record on behalf of City; and
£ Hold office hours at City Hall at a time agreed to with City
Manager; and
g. Attend management staff and agenda review meetings at a time
agreed to with City Manager; and
h. Monitor pending and current legislation and case law as
appropriate; and
i. Supervise outside legal services, if any.
2.2 A&W, as a full-service law firm, is prepared to, and will, provide
representation to City in all of its legal affairs, including, but not limited to, municipal law, land
use, environmental, toxics, mining, water, tort defense, personnel, labor representation, code
enforcement, criminal prosecution, redevelopment, housing, cable television, finance,
franchising, contracts, enterprise and other matters, except where conflicts exist or where the
City Council may otherwise direct. The City Attorney shall represent City in all of the foregoing
legal matters, and in initiating and defending all litigation unless otherwise directed by the City
Council.
2.3 The City Attorney will keep City informed as to the progress and status of
all pending matters in accordance with such procedures as the City may establish from time to
time. The City Attorney is expected to manage, control and oversee the delivery of legal services
in a competent, professional, and cost-effective manner. All legal services shall be properly
supervised and all personnel shall be qualified to handle the work assigned. If outside special
counsel is retained, unless otherwise directed by the City Council, such special counsel shall be
supervised by the City Attorney.
2.4 All legal services shall be coordinated under the direction of the City
Manager. Notwithstanding any other provision contained herein, any legal services can only be
authorized by the City Council or City Manager. Nothing in this Agreement shall be construed in
any manner as limiting the ultimate and absolute discretion of the City Council, at any time, to
assign or reassign legal matter of City from or to A&W.
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3. CITY DUTIES
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 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. In addition, City understands that the fee structure herein
represents a blending of rates, with certain services offered at discounted rates, on the
assumption that, due to the volume of work, other services will be rendered at higher rates.
Therefore, insofar as possible and unless A&W lacks the experience, capability or resources, it is
the intent of the parties hereto that all matters of City requiring the rendition of legal services
shall be performed by A&W. However, nothing in this Section, or any other part of this
Agreement, shall be construed in any manner as limiting the ultimate and absolute discretion of
the City Council, at any time, to assign or reassign legal matters of City from or to A&W.
4. PERSONNEL
In addition to Adrian R. Guerra acting as City Attorney'Agency Counsel, A&W will
provide the following additional attorneys to render the predominate legal services hereunder:
Assistant City Attorney Robert Khuu
Deputy City Attorney Gabriel Pitassi
Deputy City Attorney (Personnel) Colin Tanner
Deputy City Attorney (Litigation)!`City Prosecutor Glen Tucker
Deputy City Attorney (Real Estate) Anne Lanphar
Senior Counsel (Special Projects) David J. Aleshire
Assignments may be modified as provided in Section 1 above and except as so provided,
A&W will exercise its discretion to utilize whichever attorneys) (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.
5. COMPENSATION
A&W's fees will be charged on an hourly basis for all time actually expended. The
compensation schedules are set forth in Exhibits "A" and "B" attached hereto and incorporated
herein by this reference.
In general, the arrangement is that there is a base amount of hours which are significantly
discounted and referred to as the general retainer hours. This includes general services, attending
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public meetings, preparing ordinances and resolutions, giving general advice to City departments
and similar services. A higher rate is charged after the retainer hours are exceeded. Special
services, including a broad range of categories (litigation, personnel, labor, redevelopment,
housing, toxics, refuse, cable, enterprise, etc.), which would otherwise be likely to be contracted
out as special services at higher rates, are billed at a higher blended rate. Public finance matters
are charged as set forth below in Section 6 and in the exhibits.
The foregoing arrangement would remain in effect until July 1, 2020 and thereafter until
amended. However, the hourly rates of the attorneys at A&W are reviewed annually and, when
appropriate, adjusted to reflect increases in expertise as well as other appropriate factors. Such
increases are made on an annual basis, effective as of the beginning of each calendar year. While
the hourly rates for services rendered by individual A&W attorneys may be adjusted as set forth
herein, the "rates" established in this Agreement shall not be adjusted except as provided here,
and only upon the approval of the City Council.
6. BOND OR FINANCIAL SERVICES
Bond or Financial Services shall mean those situations where A&W acts as Legal
Counsel for City with regard to the issuance of debt, loans, certificates of participation including
formatiop of assessment or community facilities districts; after review and accord of the
proposed issue by independent review Counsel if selected by City, A&W shall be compensated
for Bond or Financial Services as provided in Exhibit"A"and"B."
7. COSTS AND OTHER CHARGES
A&W may incur various costs and expenses in rendering the legal services required by
this Agreement which, if customary and necessary for the performance of legal services
hereunder, shall be reimbursable by City. These costs and expenses are described in more detail
in Exhibit "B", attached hereto, and incorporated herein by reference. City agrees to reimburse
A&W for these costs and expenses in addition to the hourly fees for Iegal services. Reimbursable
costs shall not include any overhead or administrative charge by A&W or A&W's cost of
equipment or supplies except as provided herein.
A&W may determine it necessary or appropriate to use one or more outside investigators,
consultants, or experts in rendering the legal services required (particularly if a matter goes into
litigation). City will be responsible for paying such fees and charges. A&W will not, however,
retain the services of any outside investigators, consultants, or experts without the prior written
agreement of City. A&W will select any investigators, consultants, or experts to be hired only
after consultation with City.
The cost and expenses referred to herein include certain travel expenses; transportation,
meals, and lodging; when incurred on behalf of the City. Except in connection with litigation
(travel costs to court and for discovery are chargeable), these will only be charged when outside
the counties of Los Angeles, Orange, Riverside, and San Bernardino, and only with the prior
agreement of City. Periodically, when on-site, A&W personnel may be required to make local
and long-distance telephone calls, or make photocopies, or incur other expenses on behalf of the
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City. A&W will not be charged for such expenses and, in exchange, will not charge the City for
calls made from our office or other locations to the City.
S. STATEMENTS AND PAYMENT
A&W shall render to City a statement for fees, costs, and expenses incurred on a monthly
basis. Such statement(s) shall indicate the basis of the fees, including the hours worked, the
hourly rate(s), and a brief description of the work performed. Separate billing categories can be
established to track costs associated with City funding categories or to track project costs, or
such other basis as the City may direct. Reimbursable costs shall be separately itemized.
In consideration for A&W's performance of legal services on behalf of City under the
terms of this Agreement, and upon review and approval of A&W's bill by the City, A&W shall
be compensated at the preapproved hourly rates and for authorized expenses as set forth in
Exhibit B. Payments shall be made by City within thirty (30) days of receipt of the statement,
except for those specific items on an invoice which are contested or questioned and are returned
by City with a written explanation of the question or contest, within thirty (30) days of receipt of
the invoice. Payments made more than thirty (30) days after the due date shall draw interest at
the legal rate. Invoices shall be submitted to City at the address shown in Section 13.
9. PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT
The experience, knowledge, capability and reputation of A&W, its partners, associates,
and employees, was a substantial inducement for City to enter into this Agreement. Therefore,
A&W shall not contract with any other person or entity to perform, in whole or in part, the legal
services required under this Agreement without the written approval of City. In addition, neither
this Agreement, nor any interest herein, may be transferred, assigned, conveyed, hypothecated,
or encumbered voluntarily, or by operation of law, whether for the benefit of creditors, or
otherwise, without the prior written approval of City. Adding attorneys to A&W, changes in the
partnership, name changes and similar changes shall not be deemed a transfer or assignment
requiring approval of City or amendment hereof.
10. INDEPENDENT CONTRACTOR
A&W shall perform all legal services required under this Agreement as an independent
contractor of City, and shall remain, at all times as to City, a wholly independent contractor with
only such obligations as are required under this Agreement. Neither A&W nor any employees or
agents of A&W shall be considered an employee of City for any purpose. Neither City, nor any
of its employees, shall have any control over the manner, mode, or means by which A&W, its
agents or employees, render the legal services required under this Agreement, except as
otherwise set forth. City shall have no voice in the selection, discharge, supervision or control of
A&W employees, servants, representatives, or agents, or in fixing their number, compensation,
or hours of service.
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11. INSURANCE
A&W shall procure and maintain, at its sole cost and expense, in a form and content
satisfactory to City, during the entire term of this Agreement, including any extension thereof,
the following policies of insurance:
11.1 Comprehensive General Liability Insurance. A policy of comprehensive
general liability insurance written on a per occurrence basis in an amount not less than a
combined single limit of One Million Dollars ($1,000,000.00), and One Million Dollars
($1,000,000.00) products and completed operations.
11.2 Workers' Compensation Insurance. A policy of workers' compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide Iegal defense for both A&W and City against any loss, claim
or damage arising from any injuries or occupational diseases occurring to any worker employed
by or any persons retained by the Contractor in the course of carrying out the work or services
contemplated in this Agreement.
11.3 Automobile Insurance. A policy of comprehensive automobile liability
insurance written on a per occurrence basis in an amount not less than a combined single limit
liability of One Million Dollars ($1,000,000.00). Said policy shall include coverage for owner,
non-owner, leased and hired cars.
11.4 Errors and Omissions Insurance. A policy of professional liability issuance
written on a claims made basis in an amount not less than Three Million Dollars($3,000,000.00).
Except for the policy of professional liability insurance, all of the above policies of
insurance shall be primary insurance and shall name City, its officers, employees and agents as
additionally insured. Except for the policy of professional liability insurance, the insurer shall
waive all rights of subrogation and contribution it may have against the City, its officers,
employees and agents and their respective insurers. Except for the policy of professional liability
insurance, all of said policies of insurance shall provide that said insurance may not be amended
or canceled without providing thirty (30) days prior written notice by registered mail to the City.
In the event any of said policies of insurance are cancelled, A&W shall, prior to the cancellation
date, submit new evidence of insurance in conformance with this Section to the City. Failure to
do so is cause for termination.
12. INDEMNIFICATION
12.1 A&W agrees to indemnify City, its officers, employees and agents against,
and will hold and save each of them harmless from, any and all actions, suits, claims, damages to
persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein
"claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of
or in connection with the work, operations or activities of A&W, its agents, employees,
subcontractors, or invitees, provided for herein or arising from the acts or omissions of A&W
hereunder, or arising from A&W's performance of or failure to perform any term, provision,
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covenant or condition of this Agreement, except to the extent such claims or liabilities arises
from the negligence or willful misconduct of City, its officers, agents or employees.
12.2 City acknowledges that A&W is being appointed as City Attorney
pursuant to the authority of Government Code Section 36505, and has the authority of that
office. Accordingly, the City is responsible pursuant to Government Code Section 825 for
providing a defense for the City Attorney for actions within the scope of its engagement
hereunder. Therefore, City agrees to undertake its statutory duty under section 825 and
indemnify A&W, its officers, employees and agents against and will hold and save each of them
harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs
penalties, obligations, errors, omissions or liabilities (herein "claims or liabilities") that may be
asserted or claims by any person, firm or entity arising out of or in connection with the work,
operations or activities of A&W within the course and scope of its employment hereunder, but
nothing herein shall require City to indemnify A&W for liability arising from A&W's own
negligence, tortious acts, willful misconduct or legal malpractice.Nothing in this agreement shall
be construed to provide A&W with greater indemnification than required by Government Code
section 825 or to prohibit the City from providing a defense with a reservation of rights as
permitted by section 825. In connection herewith:
a. City will promptly provide a defense and pay any judgment
rendered against the City, its officers, agents or employees for any such claims or liabilities
arising out of or in connection with such work, operations or activities of City hereunder except
as specified above;
b. In the event A&W, its officers, agents or employees is made a
party to any action or proceeding filed or prosecuted against City for such damages or other
claims solely arising out of or in connection with the work operation or activities of City
hereunder, City agrees to pay to A&W, its officers, agents or employees any and all costs and
expenses incurred by attorney, its officers, agents or employees in such action or proceeding,
including but not limited to, Iegal costs and attorneys' fees to the extent required by Government
Code section 825.
13. NOTICES
Notices required pursuant to this Agreement shall be given by personal service upon the
party to be notified, or by delivery of same into the custody of the United States Postal Service,
or its lawful successor; postage prepaid and addressed as follows:
CITY: City of Grand Terrace
22795 Barton Rd.
Grand Terrace, CA 92313
Attention: City Manager
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ATTORNEY: Aleshire & Wynder, LLP
18881 Von Karman Avenue, Suite 1700
Irvine, California 92612
(949) 223-1170 (office)
(949) 223-1180 (fax)
Attention: Adrian R. Guerra
Service of a notice by personal service shall be deemed to have been given as of the date
of such personal service. Notice given by deposit with the United States Postal Service shall be
deemed to have been given two (2) consecutive business days following the deposit of the same
in the custody of said Postal Service. Either party hereto may, from time to time, by written
notice to the other, designate a different address or person which shall be substituted for that
specified above.
14. NON-DISCRIMINATION
In connection with the execution of this Agreement, A&W shall not discriminate against
any employee or applicant for employment because of race, religion, marital status, color, sex,
handicap, sexual orientation, or national origin. A&W shall take affirmative action to ensure that
applicants are employed, and that employees are treated fairly during their employment, without
regard to their race, religion, color, sex, marital status, handicap, sexual orientation, or national
origin. Such actions shall include, but not be limited to the following: employment, promotion,
demotion, transfer, duties assignment; recruitment or recruitment advertising; layoff of
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. In the State of California, this requirement is an ethical obligation of attorneys in
the management of their firms. [Rules of Professional Conduct Section 2-400(c)]
15. TERM, DISCHARGE AND WITHDRAWAL
This Agreement shall continue in effect, subject to modification of fees as provided in
Section 5, until terminated by either party hereto. City may discharge A&W at any time. The
City Attorney shall have no right to hearing or notice, and may be discharged with or without
notice. A&W may withdraw from City's representation at any time, to the extent permitted by
law, and the Rules of Professional Conduct, upon at least sixty (60)days' notice to City.
In the event of such discharge or withdrawal, City will pay A&W professional fees and
costs, in accordance with this Agreement, for all work done (and costs incurred) through the date
of cessation of Iegal representation. City agrees to execute, upon request, a stipulation in such
form as to permit A&W to withdraw as City's attorneys of record in any legal action then
pending. A&W shall deliver all documents and records of City to City, or to counsel designated
by City, and assist to the fullest extent possible in the orderly transition of all pending matters to
City's new counsel.
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16. CONFLICTS
A&W represents that it has advised the City in writing prior to the date of signing of this
Agreement of any known relationships with a third party, the City Council or City employees
which would: (i) present a conflict of interest with the rendering of professional services under
this Agreement; (ii) prevent A&W from performing the terms of this Agreement; and (iii)
present a significant opportunity for the disclosure of confidential information.
A&W has no present or contemplated employment which is adverse to the City. A&W
agrees that it shall not represent clients in matters either litigation or non-litigation against the
City. However, A&W may have past and present clients or may have future clients, which, from
time to time, may have interests adverse to City, and A&W reserves the right to represent such
clients in matters not connected with its representation of the City, upon securing a waiver from
both the City and the present or future client.
If a potential conflict of interest arises in A&W's representation of two clients, if such
conflict is only speculative or minor, A&W shall seek waivers from each client with regards to
such representation. However, if real conflicts exist, A&W shall withdraw from representing
either client in the matter, and assist them in obtaining outside special counsel.
17. INTERPRETATION OF AGREEMENT AND FORUM
This Agreement shall be construed and interpreted both as to validity and performance of
the parties in accordance with the laws of the State of California. In the event of any dispute
hereunder, forum shall be the Superior Court, San Bernardino County.
18. INTEGRATED AGREEMENT; LEGAL REVIEW; AMENDMENT
This Agreement contains all of the agreement of the parties and cannot be amended or
modified except by written agreement. City has been advised by A&W of its right to have
independent legal review of this Agreement and has not sought or relied upon advice from A&W
concerning this Agreement. No prior oral or written understanding shall be of any force or effect
with respect to those matters covered in this Agreement. This Agreement may be amended at any
time by the mutual consent of the parties by an instrument in writing.
19. LICENSE REQUIREMENTS
A&W shall demonstrate that the attorney(s) who provide legal services to City under this
Agreement are licensed to practice law in the State of California and, if not, indicate to the
satisfaction of the City Council or the City Manager why such license is not required to perform
the services required.
20. CONFIDENTIALITY AND DISCLOSURE
The data, information and reports acquired or prepared by A&W in connection with
matters upon which the City has retained A&W shall not be shown or distributed to any other
public or private person or entity except as authorized by the City Council or the City Manager
and in no event prior to having been first disclosed to the City Council or the City Manager. All
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information, documents, records, reports, data or other materials furnished by City to A&W or
other such information, documents, records, data or other materials to which A&W has access
during its performance pursuant to this Agreement are deemed confidential and shall remain the
property of City. A&W shall not make oral or written disclosure of such documents or materials,
other than as necessary for its performance under this Agreement, without the prior written
approval of the City Manager.
21. RECORDS AND DOCUMENTATION
A&W shall maintain complete and accurate records of the services provided to City and
expenses incurred on behalf of City. A&W agrees to assist City in meeting City's reporting
requirements to other agencies with respect to A&W's work under this Agreement.
22. ASSIGNMENTS AND SUCCESSORS IN INTEREST
City and A&W bind themselves, their partners, successors, assigns, executors and
administrators to the terms of this Agreement. Except as otherwise set forth in this Agreement,
no interest in this Agreement or any of the work provided for in this Agreement shall be assigned
or transferred, either voluntarily or by operation of law, without the prior written approval of the
City Manager or the City Council.
23. NO WAIVER
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.
24. CORPORATE AUTHORITY
The persons executing this Agreement on behalf of the parties hereto warrant that they
are duly authorized to execute this Agreement on behalf of said parties and that in so executing
this Agreement the parties hereto are formally bound to the provisions of this Agreement.
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date
of execution by the City.
Dated: D7-� l/, 2018 "CITY"
CITY OF GRAND TERRACE,
a municipal corporation
B
D c McN ayor
ATTEST:
C �
City Clerk1 1,aE h c.'THOMA5
Dated: , 2018
"ALESHIRE & WYNDER, LLP"
By:
David J. Ale. ' e, Esq., Equity Partner
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EXHIBIT "A"
FEE ARRANGEMENT
I. General Legal Services.
A. The discounted hourly rate for the first 70 hours of general legal service (Monthly
Hour Limit) shall be $175 per hour. This high discount is due to the need to ramp
up services in the first year. Starting on January 1, 2020, the discounted rate shall
apply to only 50 hours of general legal services.
B. General legal services over the Monthly Hour Limit will be billed at the rate of
$l 90 per hour.
II. Special Legal Services.
A. Special Legal Services shall include, but not limited to, litigation matters, public
finance, disciplinary actions or hearings, labor negotiations, redevelopment,
housing, cable television, water, toxics, refuse, franchising, enterprise activities
and any major contract negotiation involving more than 10 hours (with City
Manager approval).
B. Except for litigation matters, insurance defense/risk management, code
enforcement, and public finance, all such matters shall be billed at the rate of
$205 per hour.
C. Starting on January 1, 2020, except for litigation matters, insurance defense-,risk
management, code enforcement, and public finance, all such matters shall be
billed at the rate of Two Hundred Dollars ($200) per hour for work done by
Associates and $235 per hour for work done by Partners.
III. Litigation Services.
A. Litigation Services shall be billed at the blended rate of$205 per hour.
B. Starting on January 1, 2020, Litigation Services shall be billed as follows:
l. $200 per hour for work done by Associates.
2. $235 for work done by Partners.
IV. Insurance defense/risk management. and code enforcement litigation services.
A. Insurance defense.-risk management, and code enforcement litigation services will
be billed at a reduced rate of$185 per hour.
B. Starting on January 1, 2020, insurance defense.,-'risk management, and code
enforcement litigation services will be billed at the rate of$195 per hour.
07777 0195+502320.8 y
V. Reimbursable Services.
Where there is an opportunity to obtain cost recovery through a private party such as a
developer, the hourly rate will be $285 per hour or$320 for major transactions.
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 $350.00 per
attorney hour. Paralegal, law clerk, or project specialist time shall be billed at
$l 50.00 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. The firm contracts with the Law Offices of Perry
Israel as its special tax counsel and may use other tax counsel.
VII. In addition to the foregoing, the Firm would be reimbursed for out-of-pocket expenses as
described in the attached Exhibit B.
VIIl. The blended rate for legal assistants (Paralegal) and law clerks, irrespective of matter,
shall be $125 per hour. Starting on January 1, 2020, the blended rate shall be $130 per
hour.
IX. The blended rate for document clerks, document litigation specialist and city
clerk/election consultant services shall be $90 per hour. Starting on January 1, 2020, the
blended rate shall be $95 per hour.
X. This arrangement shall remain in effect until amended.
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EXHIBIT 6611"
STATEMENT OF BILLING PRACTICES
The Firm's fees are charged on an hourly basis for all time actually expended and are
generally billed monthly with payment due within thirty (30) days after the date of the bill.
However, where contract rates are established, they prevail over design rates. The current hourly
design rate for the attorneys and staff working on this matter will be set forth in the billing
statement. Annually, you will be provided with the prevailing hourly design rates for the
attorneys who will spend the predominate amount of time on this matter. It should be understood
that hourly rates are reviewed, and when appropriate, adjusted to reflect increases in seniority
and experience as well as inflationary factors. These increases are generally made on an annual
basis effective at the beginning of each calendar year.
The Firm will incur various costs and expenses in performing legal services. These costs
and expenses are separately billed to the client and include fees fixed by law or assessed by
public agencies, litigation costs including deposition, reporter fees, and transcript fees, long
distance telephone calls, messenger and other delivery fees, postage, photocopying (charge of
twenty cents ($.20) per page) and other reproduction costs, staff overtime when necessitated and
authorized by the client, and computer-assisted research fees when authorized by the client, all
based on the actual and reasonable cost (mileage, reproduction and other costs are periodically
adjusted in accordance with the Finn's actual costs).
Travel costs including mileage (current IRS rate), parking, airfare, lodging, meals, and
incidentals are charged in connection with administrative or judicial proceedings, or when
traveling outside of Los Angeles, Orange, Riverside, and San Bernardino counties. Travel time
may also be charged in connection with such proceedings. In addition, the client will be
responsible for paying the fees of consultants and other outside experts who are retained after
consultation with the client.
The Finn will not charge for mileage or travel time between our office and City facilities,
nor for local telephone calls or calls made to the City. In exchange, Finn shall not be charged for
calls made or received at the City, whether local or long-distance, or for copying charges since
copying onsite will reduce the charge to the client.
The monthly billing statements for fees and costs shall indicate the basis of the fees,
including a detailed and auditable breakdown of the hours worked, the billable rates charged and
description of the work perfonned. All bills are expected to be paid within thirty (30) days of the
date of the billing statement. In the event any statement remains unpaid for more than thirty (30)
days after the date of the statement, interest thereon at the rate of ten percent (10%) per annum
shall be due and payable thereafter on the unpaid balance.
Registration fees for attorneys attending conferences and seminars are paid by the Firm
and are never charged to the City (unless expressly requested by the City).
4
07777.019S.;502320.8