CC - Item 4A - City Attorney Services AgreementROSEMEAD CITY COUNCIL
STAFF REPORT
TO: MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: October 13, 2009
SUBJECT: CITY ATTORNEY SERVICES AGREEMENT
SUMMARY
The City Council will consider approval of an agreement to retain the law firm of Burke,
Williams & Sorenson as its City Attorney. Joseph Montes, with the firm of Burke,
Williams & Sorenson, currently serves as the City Attorney on an "Interim" basis. The
agreement essentially will remove the "Interim" designation and continue existing
service levels and rates. So that all agreements with the firm of Burke, Williams &
Sorenson are set forth in one place, the agreement also reiterates provisions of the
existing agreement with the firm, under which Mr. Montes serves as General Counsel to
the Rosemead Community Development Commission (CDC) and the Rosemead
Housing Development Commission (HDC). The agreement provides the City with the
right to terminate the services of the firm at any time upon written notice.
Staff Recommendation
Staff recommends that the City Council authorize the agreement to be executed by the
Mayor, who also serves as the Chair of the CDC and HDC.
ANALYSIS
In March of 2009, Joseph Montes as a member of the firm of Burke, Williams &
Sorenson, was retained as Interim City Attorney. Previously, Mr. Montes had been
designated as the General Counsel of the CDC and HDC and has continued in those
capacities since March. Since March of 2009, other members of the firm have also
served in the capacity of Interim Assistant City Attorney providing legal services to the
Planning Commission and other bodies. During these periods of service, Mr. Montes
and the firm have performed admirably and gained the confidence of the City's elected
and appointed officials.
The current rate charged by Burke Williams & Sorenson for City Attorney/Assistant City
Attorney services is a discounted $225 per hour, which is less than Mr. Montes'
standard billing rate of $255 as a partner in the firm.
ITEM NO.L4.N -
APPROVED FOR CITY COUNCIL AGENDA:
October 13, 2009
Jeffry B. Allred
City Manager
City of Rosemead City Hall
8838 East Valley Boulevard
Rosemead, CA 91770
Re: City of Rosemead City Attorney Services, Rosemead Community
Development Commission Agency Counsel and Rosemead Housing
Development Corporation General Counsel Retainer Agreement
Dear Mr. Allred
This letter is a written retainer agreement of the terms under which Burke,
Williams & Sorensen, LLP ("Burke") has been retained by the City of Rosemead ("City")
as its City Attorney (as described herein), by the Rosemead Community Development
Commission ("CDC") to serve as its Agency General Counsel and the Rosemead
Housing Development Corporation ("HDC") as its General Counsel. The City, HDC and
the CDC are collectively referred to herein as "Client." California Business and
Professions Code Section 6148 requires a written fee agreement between attorneys
and their clients setting forth the scope of services and fees to be charged. When
executed by you below and delivered to us, this agreement shall satisfy the
requirements of Section 6148. This Agreement is intended to supercede any and all
prior agreements between Client and Burke.
If this agreement fully sets forth your understanding of the terms and conditions
of our representation, please execute four copies and return one to the undersigned in
the self-addressed envelope provided. The other three copies are to be retained by the
City, HDC and the CDC.
1. Scope of Representation for the CDC. By this agreement, Burke, Williams
& Sorensen LLP, has undertaken responsibility to represent the CDC as our client, as
its General Counsel. Such representation includes, but is not limited to, providing
advice on Redevelopment Projects and operation of the Agency, drafting of required
legal documents, attendance at CDC meetings, prosecution of actions on behalf of the
CDC to implement redevelopment projects undertaken by the CDC, or defend
challenges to same and such other matters as the CDC may request from time to time.
2. Scope of Representation for the HDC. By this agreement, Burke, Williams
& Sorensen LLP, has undertaken responsibility to represent the HDC as our client, as
its General Counsel. Such representation includes, but is not limited to, providing
advice on housing projects and operation of the HDC, drafting of required legal
documents, attendance at HDC meetings, prosecution of actions on behalf of the HDC
to implement projects undertaken by the HDC, or defend challenges to same and such
other matters as the HDC may request from time to time.
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3. Scope of Representation for the City. By this agreement, Burke, Williams
& Sorensen LLP, has undertaken responsibility to represent the City of Rosemead as its
City Attorney. Joseph Montes shall be the City's designated City Attorney. Rachel
Richman shall be the City's designated Assistant City Attorney. Any change to the
designation of the Assistant City Attorney shall require the written approval of the City
Manager. In the absence of the City Attorney, the Assistant City Attorney may act on
behalf of the City Attorney. The scope of Burke's representation of the City as City
Attorney shall include, but not be limited to,
a. Attend all regular meetings of the City Council and adjourned and
special meetings of the City Council.
b. Attend meetings of the Planning Commission.
C. Attend other meetings of boards, commissions and committees of
the City.
d. Provide legal advice and opinions on all matters affecting the City,
except when prevented from doing so by a conflict of interest.
e. Prepare resolutions and ordinances initiated by the City.
f. Prepare or review and certify as to legal form contracts,
agreements and other documents between the City and other
parties.
g. 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.
Criminal prosecution of violations of City ordinances.
Represent the City in civil litigation brought on behalf of, or against,
the City, as directed by the City Council.
Other duties as assigned by the City Manager or City Council.
k. Prepare or review bond documents, as City Attorney. Should the
City require services as bond counsel or disclosure counsel, such
services shall be provided pursuant to separate agreement, at rates
set forth in such other agreement.
4. Client's Obligations. Client agrees to be truthful, to cooperate, and to
keep Burke advised of information and developments pertaining to this engagement.
Client also agrees to keep Burke informed of Client's current address and telephone
number and to pay the fees, costs and other sums incurred when due.
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5. Fees. Fees for this engagement are computed on an hourly basis in
accordance with the rates assigned to the particular attorneys performing the work. The
rates of the attorneys for this engagement will be as set forth on the attached Exhibit A.
The firm's billing rates are subject to revision annually, starting January 1, 2010. If the
increase is equal to or less than the Consumer Price Index for the prior 12 months,
client will be notified in writing of such increase. Any increase greater than the CPI shall
require written agreement by the Client. Burke reserves the right to forego any rate
increase in any given year, provided that in subsequent years, Burke may increase
rates by such deferred increase amount without further Client consent. Additionally,
City, HDC and CDC agree that Burke may charge its standard private client (as
opposed to public entity client) rates for work that is reimbursed by private parties
pursuant to litigation, conditions of approval, etc.
6. Costs. Burke will bill Client for costs and expenses incurred in connection
with this engagement. These currently include, but are not limited to, expenses away
from the office on Client's behalf, automobile mileage at the standard rate for business
use as announced from time to time by the Internal Revenue Service, the actual cost of
other travel, long distance telephone charges, facsimile transmissions, computer
research, copying charges, the cost of producing or reproducing photographs,
documents or other things, filing fees, and similar expenses.
7. Billing. Burke's attorneys bill in 1/101h of one hour increments. The firm's
billing cycle typically runs from the first day of the month to the last day of the month.
The HDC, City and the CDC will each receive separate statements each month for
services rendered and costs incurred during the immediately prior month. Bills are due
and payable within thirty (30) days of presentation. Payment is not contingent upon any
aspect of this engagement.
8. Experts. Should Burke deem it necessary to engage an expert in any
matter, Client will be directly responsible for the hiring and payment of all fees for such
expert services. Burke will not undertake to engage any such expert without prior
consultation with Client and then only with Client's consent.
9. Attorney's Lien. Client agrees that Burke may deduct all fees and costs
not previously paid from any sums coming into Burke's possession by way of
settlement, judgment, execution or otherwise.
10. Conflicts. The California Rules o-
by the California State Bar, require that an att
from a client prior to undertaking work where t
existing or future clients (Rule 3-310). Should
written waiver from the City or CDC arise, the
such waiver on behalf of the City or CDC.
Professional Conduct, as promulgated
)rney receive informed written consent
sere is a potential for conflicts between
potential conflict of interest requiring a
City Manager is authorized to execute
11. Document Retention. Client is entitled upon written request to any files in
our possession relating to the legal services performed by us for Client, excluding our
internal accounting records and other documents not reasonably necessary to your
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representation, subject to our right to make copies of any files withdrawn by you. Once
your matter is concluded, we will close your file, and you will receive notice thereof.
Your physical files may be sent to storage offsite, and thereafter there may be an
administrative cost for retrieving them from storage. Thus, we recommend that you
request the return of your file at the conclusion of your matter. Please be advised that
the firm will destroy Client's files at three years after this matter is closed, unless other
arrangements are made with Client, and Client hereby authorizes the firm to do so.
The firm and the Client agree that all Client-supplied materials and all attorney
end product (referred to generally as "client material") are the property of the Client.
Attorney end product includes, for example, finalized contracts, pleadings, and trust
documents. The firm and the Client agree that attorney work product is the property of
the firm. Attorney work product includes, for example, drafts, notes, internal
memoranda and electronic files, and attorney representation and administration
materials, including attorney-client correspondence and conflicts materials.
12. Fee Disputes. If a dispute between Client and Burke arises over fees or
other amounts charged to Client for services, the controversy will be submitted to
binding arbitration in accordance with the rules of the California State Bar Fee
Arbitration Program, set forth in California Business and Professions Code, Sections
6200 through 6206. The arbitrator or arbitration panel shall have the authority to award
to the prevailing party in such arbitration attorney's fees, costs and interest incurred.
Any arbitration award may be served by mail upon either side and personal service shall
not be required.
13. Termination of Representation. Client has the right to terminate Burke's
services upon written notice at anytime. Burke also has the right to terminate this
engagement to Client upon written notice in the event Client fails to make any payment
when due, or to cooperate on a reasonable request, or in the event that Burke
determines, that to continue services to Client would be unethical, impractical, or
improper.
14. Notices. Any notices required under this agreement shall be in writing and
shall be deemed to have been duly served if delivered in person to the party for whom it
is intended or if delivered at or sent by registered or certified mail, or overnight courier
service with signature required from the receiving party, to the residential or business
address of the party for whom intended, provided that notices to Client may be sent to
Client's last known address as shown on Burke's records.
15. Miscellaneous. The effective date of this agreement shall be retroactive to
the date Burke first performs services for Client. This agreement shall be governed by
the laws of the State of California, without regard to the doctrine of conflicts of law. The
terms of this engagement agreement are not set by law but are the result of negotiation
between the parties. Client has the right to consult with another attorney regarding this
agreement before signing it. This agreement constitutes the entire agreement between
the parties.
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We are pleased that the City, HDC and the CDC have decided to retain our firm
and we look forward to serving you. Please contact Joe Montes or the undersigned if,
at anytime, you have questions.
Very truly yours,
BURKpE, WILLIAMS & SORENSEN, LLP
,14H ' W LSH
MAN GING ARTNER
I/we have read and understand the foregoing terms and provisions and agree to same
as of October 13, 2009.
CITY OF ROSEMEAD
By:
Its:
ROSEMEAD HOUSING DEVELOPMENT CORPORATION
By:
Its:
ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION
By:
Its..
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Exhibit A
City Attorney/Assistant City Attorney
$225 per hour
Partners
$235 per hour, 12 years or less experience
$255 per hour, 13 to 20 years
$275 per hour, 21 years or more
Associates
$175 per hour, 1S year
$185 per hour, 2"d year
$195 per hour, 3`d year
$205 per hour, 4th year
$215 per hour, 5th year
$220 per hour, 6th and above
Paralegals/Law Clerks
$135 per hour
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