HomeMy Public PortalAboutC-08-002 - Aleshire & Wynder, LLP, City AttorneyCONTRACT SERVICES AGREEMENT FOR
CITY ATTORNEY LEGAL SERVICES
(CITY OF CARSON)
This restated CONTRACT SERVICES AGREEMENT for CITY ATTORNEY
SERVICES (the "Agreement") is effective as of the 17 1h day of June, 2008 by and between the
law firm of ALESHIRE & WYNDER, LLP, a California limited liability partnership ("A&W-),
the CITY OF CARSON, a general law city and municipal corporation ("City).
WHEREAS, on or about May 21, 2008, City issued its Request for Proposals No.
P08-01 seeking proposals from qualified law firms to provide legal services to City and/or the
Carson Redevelopment Agency ("Agency"); and
WHEREAS, I I different law firms submitted proposals in response to such RFP,
and 6 firins were invited to be interviewed by City's City Council and Agency's Board of
Directors; and
WHEREAS, on June 3, 2008, City's City Council and Agency's Board of
directors unanimously selected A&W to continue to provide legal services as City Attorney and
as Agency General Counsel; and
WHEREAS, the parties hereto now desire to restate the engagement of A&W as
City Attorney, which engagement shall be effective as of the date first written above.
City Council hereby reaffirms its appointment of William W. Wynder as the City
Attorney and Assistant Agency General Counsel and Dawn Honeywell as Agency General
Counsel and Assistant City Attorney, and hires A&W as its 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, Planning Commission, Redevelopment Agency, Housing
Authority, if any, and other boards and bodies of City, and its affiliated agencies, as directed by
the City.
Notwithstanding the foregoing appointment, the designated City Attorney and any
Assistant City Attorney may be established from time to time or modified by resolution of the
City Council. 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 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 and A&W may appoint various deputies as is deemed
appropriate, without the need for amendment hereof.
1007/00t/59366 vi
P� *IX"OKII AVAVDI N
A. A&W shall perform any and all work necessary for the provision of City
Attorney services to City, including without limitation of the following:
(i) Attendance at City Council, Planning Commission, or
Redevelopment Agency meetings, 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
(ii) 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
(iii) Be available for telephone consultation with City staff, as needed
on legal matters which are within their area of operation; and
(iv) 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 terins 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
(v) 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
(vi) Hold weekly office hours at City Hall at a time agreed to with City
Manager; and
(vii) Attendance at weekly management staff and agenda review
meetings at a time agreed to with City Manager.
B. A&W, as a full-service law firm, is prepared to, and will, provide
representation to City and Agency 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 and Agency General
Counsel shall represent City/Agency in all of the foregoing legal matters, and in initiating and
1007/00 1/59366 v 1 2
defending all litigation unless otherwise directed by the City Council or Agency Board of
Directors.
D. City Council and 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 it is determined that outside special counsel be retained or needed to be associated
as legal counsel, City Attorney shall first obtain the prior written consent from the City Council
before doing so, and such special counsel or associated counsel, as and when retained or
associated, shall be directly supervised by the City Attorney.
D. 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 matters of City from or to A&W.
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 that legal services to be
rendered on site, City, at its expense, shall make available sufficient office space, furniture,
telephones, computers, facsimile machines, and secretarial support, as approved by the City
Manager, as may be necessary therefore.
City 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, 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.
In addition to William W. Wynder acting as City Attorney and Assistant Agency
General Counsel, and Dawn Honeywell acting as Agency Counsel and Assistant City Attorney,
A&W will provide the following additional attorneys to render the predominate legal services
hereunder:
Fred Galante: Assistant City Attorney/Planning Commission
t007/00t/59366 vt 3
Douglas P. Haubert: Assistant City Attorney
Anita Luck: Assistant Agency General Counsel
Colin Tanner: Deputy City Attorney/Personnel
Anita Luck: Deputy City Attorney/Public Finance
Sunny K. Soltani: Special Counsel, Litigation & Rent Control
Anthony R. Taylor: Special Counsel, Risk Management & Litigation
A&W will exercise its discretion to utilize whichever attomey(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.
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. Blended rates are computed based upon the hours of
service irrespective of the rate of the attorney. Blended rates are also shown for legal assistants.
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 public meetings, preparing ordinances and resolutions, giving general advice
to City departments and similar services. A higher blended 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 on a contingent basis based upon the size of the
matter. The specific terms are set forth below in Section 6 and in the exhibits.
The foregoing arrangement would remain in effect for at least Fiscal Year 2004-05.
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
"blended rates" established in this Agreement shall not be adjusted except as provided here, and
only upon the approval of the City Council.
Bond or Financial Services shall mean those situations where A&W acts as Bond
Counsel for City with regard to the issuance of securities by City; 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 on a flat fee non -contingent basis of Four Hundred Dollars ($400.00)
1007/001/59366 v 1 4
per hour or on a contingent finance option as shown on Exhibit "A." The choice of options shall be
solely at the choice of City.
&IMMIX11191,1131 tKoll
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." City agrees to reimburse A&W for these costs and expenses in
addition to the hourly fees for legal 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 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 client. Generally, except in
connection with litigation (travel costs to court and for discovery are chargeable), these will only
be charged when outside of the area, and only with the prior agreement of City.
Finally, 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 City as well as other clients. 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.
A&W shall render to City a statement for fees, costs, and expenses incurred on a
periodic basis (generally monthly). 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.
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.
1007/00 1,159366 v 1 5
I ! 1 0 91 1 11111i ��� I i , , i I ii �l,�'':ll�l����l,�l���l�����''l�, 11 to
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 advance 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 agreement, name changes, and similar changes shall not be
deemed a transfer or assignment requiring approval of City or amendment hereof.
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 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, representatives, or agents, or in fixing their number, compensation, or hours of
service.
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:
(a) 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.
(b) 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 legal 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.
(c) 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.
1007/001/59366 v1 6
(d) Errors and - Omissions Insurance. A policy of professional liability
insurance 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, employers 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.
A&W covenants that, by and for itself, its heirs, executors, assigns, and all
persons claiming under or through them, that there shall be no discrimination against, or
segregation of, any person or group of persons on account of race, color, creed, religion, sex,
marital status, national origin, or ancestry in the performance of this Agreement. A&W shall
take affirmative action to insure that applicants are employed, and that employees are treated
during employment, without regard to their race, color, creed, religion, sex, marital status, sexual
orientation, national origin, or ancestry.
This Agreement shall continue in effect until terminated by either party hereto.
City may discharge A&W at any time. The City Attorney shall not be deemed an employee of
City, and 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 shall pay A&W's professional
fees and costs, in accordance with this Agreement, for all work done (and costs incurred) through
the date of cessation of legal 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
ZD
City's new counsel.
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,
1007/001/59366 v 1 7
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.
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 would withdraw from representing
either client in the matter, and assist them in obtaining outside special counsel.
15. 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, Los Angeles County.
This Agreement contains all of the agreements of the parties and cannot be
amended or modified except by written agreement. This Agreement shall supercede that certain
agreement for special counsel services previously entered into between the parties. 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 wnitmg.
I&JEENES-01
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.
IN WITNESS THEREOF, the parties hereto have executed this Agreement as of
the date of execution by the City.
Date: June 2008 "CITY19
CITY OF CARSON, a general law city and
municipal corporation
"IN
I I �By: ( / .2�
Jim Dear, Mayor
ATTEST:
Cit'y Clerk
1007/001/59366 v1 8
Date: June �6, 2008 "ALESHIRE & WYNDER, LLP"
By: ztjzz&"
V4 'PIK,
William W. Wyncler, Esq.
[END OF SIGNATURES]
1007,1001/59366 v1
(1) The retainer for up to seventy (70) hours of general legal service shall be Nine Thousand
Four Hundred Fifty Dollars ($9,450.00) per month (One Hundred Thirty -Five Dollars
($135.00) per hour). Effective July 1, 2009, the retainer for up to seventy (70) hours of
general legal service shall be Ten Thousand Five -Hundred Dollars ($10,500.00) per
month (One Hundred Fifty Dollars (S 150.00) per hour)
(2) General legal services over seventy (70) hours per month will be billed at the blended
billing rate' of One Hundred Fifty Dollars ($150.00) per hour. Effective July 1, 2009,
General legal services over seventy (70) hours per month will be billed at the blended
billing rate of One Hundred Sixty Dollars ($160.00) per hour
(3) Special legal services shall include 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. Except for
public finance, all such matters shall be billed at the blended attorney billing rate of One
Hundred Ninety -Five Dollars ($195.00) per hour. Effective July 1, 2009, special legal
services, as defined herein, shall be billed at the blended attorney billing rate of Two
Hundred Five Dollars ($205.00) per hour.
(4) Where there is an opportunity to obtain cost recovery through a private party such as a
developer, the rate will be Two Hundred and Fifteen Dollars ($215.00) per hour.
Effective July 1, 2009, such cost recoverable rate shall be Two Hundred Twenty -Five
($225.00) per hour.
(5) For public finance the fee structure shall be as follows: (i) For land based issues (i.e.
CFD, Assessment or Improvement Districts) one and one-half (I V2) percent of the first
S I million executed and delivered; three-quarters percent of the next $4 million executed
and delivered; one-third percent of the next $10 million; one-eighth percent of the next
$10 million; and one-tenth percent of any amount over $25 million; subject to a
minimum fee of Forty Thousand Dollars ($40,000.00); or (ii) For all other financings the
above schedule applies with a 25% discount. In the event that multiple series of bonds or
notes are issued, the foregoing fee schedule would be applied to each issue. Fees shall be
contingent unless otherwise directed by the client. If contingent, payment of the fees is
entirely contingent upon the successful execution and delivery of the bonds or notes to be
payable on or after delivery except for out-of-pocket expenses. In addition to the
foregoing, a fee of $6,000.00 may be charged if a tax opinion is required. At the
discretion of the City, City may choose a non -contingent structure in lieu of the above
schedule at the rate of $400.00 per hour on a blended rate for all attorney time incurred.
(6) In addition to the foregoing, A&W would be reimbursed for out-of-pocket expenses
including telecopier, messenger, courier, and other communication costs; reproduction
expense; computer research services; court reporters; mileage cost to court and
"Blended billing rate" means irrespective of the rate of the individual attorney.
1007/001/25584 v3
administrative proceedings; travel expenses outside of Los Angeles County; and other
costs and expenses incurred on your behalf Notwithstanding the foregoing, we do not
charge for word processing, routine computer- assisted legal research, local calls or
mileage to City Hall or City offices. In exchange, when on-site, we would have the
ability to use City copiers and telephones without charge.
(7) The blended rate for legal assistants, irrespective of matter, shall be Ninety Dollars
($90.00) per hour, and for document clerks shall be Forty Dollars ($40.00) per hour.
Effective July 1, 2009, the blended rate for legal assistants, irrespective of matter, shall be
One Hundred Dollars ($100.00) per hour, and for document clerks shall be Fifty Dollars
($50.00) per hour.
(8) The other normal terms and conditions of our billing are set forth in the Statement of
Billing Practices attached as Exhibit "B".
(9) The foregoing fee arrangement would remain in effect until July 1, 2010, and thereafter
until adjusted.
1007/001/25584 v3
EXHIBIT 44B"
STATEMENT OF BILLING PRACTICES
A&W's fees are charged on an hourly basis for all time actually expended and are
generally billed monthly with payment due within thirty (30) days after the date of the bill.
However, where contract rates are established, they prevail over design Tates. The current hourly
design rate for the attorneys and staff working on this matter will be set forth in the billing
statement. Annually, you will be provided with the prevailing hourly design rates for the
attorneys who will spend the predominate amount of time on this matter. It should be
understood that hourly rates are reviewed, and when appropriate, adjusted to reflect increases in
senionity and experience as well as inflationary factors. These increases are generally made on
an annual basis effective at the beginning of each calendar year.
A&W will incur various costs and expenses in performing legal services. These costs and
expenses are separately billed to the client and include fees fixed by law or assessed by public
agencies, litigation costs including deposition, reporter fees, and transcript fees, long distance
telephone calls, messenger and other delivery fees, postage, photocopying (charge of twenty
cents ($.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 by only in connection with administrative or judicial proceedings, or
when traveling outside of Los Angeles County. Travel time may also be charged in connection
with judicial or administrative 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.
It is understood that A&W will generally 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,
Firm 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 performed. All bills are expected to be paid within thirty (30) days of the
date of the billing statement. hi L,e 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
Finn and are never charged to the City (unless expressly requested by the City).
1007,1001/25584 v3
City of Carson
Report to Mayor and City Council
June 17, 2008
New Business Consent
SUBJECT: CONSIDERATION OF AN AWARD OF A CONTRACT SERVICES AGREEMENT
FOR CITY ATTORNEY LEGAL SERVICES I
Submitted by Jerome G. Groomes
City Manager
1. SUMMARY
G. Groomes'
Appro'
City Manager
THIS IS A JOINT AGENDA ITEM
Presented for the City Council's consideration and approval is a Contract
Services Agreement for City Attorney Legal Services with Aleshire & Wynder,
LLP (Exhibit No. 1).
� 114 X9110dialWalwom
TAKE the following actions:
1. APPROVE the Contract Services Agreement for City Attorney Legal
Services for the city of Carson.
2. AUTHORIZE the Mayor to execute the agreement.
III. ALTERNATIVES
TAKE another action the City Council deems appropriate.
iznnnusxonz�
After reviewing the eleven proposals submitted in response to the city's Request
for Proposal No. P08-01 (City Attorney and/or Redevelopment Agency Counsel
Legal Services), the City Council selected and then interviewed six firms during
a Special Joint City Council and Redevelopment Agency meeting held on May
22,2008.
At the June 4, 2008 meeting of the City Council, the firm of Aleshire &
Wynder, LLP was selected to provide legal services for the City of Carson.
Presented for the City Council's action is the Contract Services Agreement for
City Attorney Legal Services for the City of Carson (Exhibit No. 2).
tn
V. FISCAL IMPACT
Funds for this contract are included in the proposed FY 2008/09 budget.
n-
IOMMTMI���
V1. EXHIBITS
Report to Mayor and City Council
June 17, 2008
1. Contract Services Agreement for City Attorney Legal Services. (pgs. 3-13
2. Disposition, June 4, 2008, Item No. 27. (pg. 14)
Prepared by:
sf:Rev06l9O2
Reviewed bv:
Linda F. Mann, Senior Administrative Analyst
City Clerk
City Treasurer
Administrative Services
Development Services
Economic Development Services
Public Services
Action taken by City Council
Date Action
Pjj
CONTRACT SERVICES AGREEMENT FOR
CITY ATTORNEY LEGAL SERVICES
(CITY OF CARSON)
This restated CONTRACT SERVICES AGREEMENT for CITY ATTORNEY
SERVICES (the "Agreement") is effective as of the 17 1h day of June, 2008 by and between the
law firm of ALESHIRE & WYNDER, LLP, a California limited liability partnership ("A&W"),
the CITY OF CARSON, a general law city and municipal corporation ("City).
WHEREAS, on or about May 21, 2008, City issued its Request for Proposals No.
P08-01 seeking proposals from qualified law firms to provide legal services to City and/or the
Carson Redevelopment Agency ("Agency"); and
WHEREAS, I I different law firms submitted proposals in response to such RFP,
and 6 firms were invited to be interviewed by City's City Council and Agency's Board of
Directors; and
WHEREAS, on June 3, 2008, City's City Council and Agency's Board of
directors unanimously selected A&W to continue to provide legal services as City Attorney and
as Agency General Counsel; and
WHEREAS, the parties hereto now desire to restate the engagement of A&W as
City Attorney, which engagement shall be effective as of the date first written above.
1. APPOINTMENT.
City Council hereby reaffirms its appointment of William W. Wynder as the City
Attorney and Assistant Agency General Counsel and Dawn Honeywell as Agency General
Counsel and Assistant City Attorney, and hires A&W as its 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, Planning Commission, Redevelopment Agency, Housing
Authority, if any, and other boards and bodies of City, and its affiliated agencies, as directed by
the City.
Notwithstanding the foregoing appointment, the designated City Attorney and any
Assistant City Attorney may be established from time to time or modified by resolution of the
City Council. 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 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 and A&W may appoint various deputies as is deemed
appropriate, without the need for amendment hereof.
A,
1007/001/25584 v3 EXHIBIT NO. 1
2. SCOPE OF WORK AND DUTIES.
A. A&W shall perform any and all work necessary for the provision of City
Attorney services to City, including without limitation of the following:
(i) Attendance at City Council, Planning Commission, or
Redevelopment Agency meetings, 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
(ii) 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
(iii) Be available for telephone consultation with City staff, as needed
on legal matters which are within their area of operation; and
(iv) 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
(v) 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
(vi) Hold weekly office hours at City Hall at a time agreed to with City
Manager; and
(vii) Attendance at weekly management staff and agenda review
meetings at a time agreed to with City Manager.
B. A&W, as a full-service law finn, is prepared to, and will, provide
representation to City and Agency 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 and Agency General
Counsel shall represent City/Agency in all of the foregoing legal matters, and in initiating and
tD
1007/001/25584 0 2
defending all litigation unless other -wise directed by the City Council or Agency Board of
Directors.
D. City Council and the City Attomey 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 Attomey 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 it is determined that outside special counsel be retained or needed to be associated
as legal counsel, City Attorney shall first obtain the prior written consent from the City Council
before doing so, and such special counsel or associated counsel, as and when retained or
associated, shall be directly supervised by the City Attomey.
D. 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 matters of City from or to A&W.
3. CITY DUTIES.
City agrees to provide such information, assistance, cooperation, and access to
books, records, and other infonnation, as is necessary for A&W to effectively render its
professional services under this Agreement. To the extent City desires that legal services to be
rendered on site, City, at its expense, shall make available sufficient office space, fumiture,
telephones, computers, facsimile machines, and secretarial support, as approved by the City
Manager, as may be necessary therefore.
City 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, 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 William W. Wynder acting as City Attorney and Assistant Agency
General Counsel, and Dawn Honeywell acting as Agency Counsel and Assistant City Attomey,
A&W will provide the following additional attomeys to render the predominate legal services
hereunder:
Fred Galante: Assistant City Attomey/Planning Commission
1007/001/25584 0 3
A
Anita Luck: Assistant Agency General Counsel
Colin Tanner: Deputy City Attomey/Personnel
Anita Luck: Deputy City Attomey/Public Finance
Sunny K. Soltani: Special Counsel, Litigation & Rent Control
Anthony R. Taylor: Special Counsel, Risk Management & Litigation
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.
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. Blended rates are computed based upon the hours of
service irrespective of the rate of the attorney. Blended rates are also shown for legal assistants.
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 public meetings, preparing ordinances and resolutions, giving general advice
to City departments and similar services. A higher blended 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 on a contingent basis based upon the size of the
matter. The specific terms are set forth below in Section 6 and in the exhibits.
The foregoing arrangement would remain in effect for at least Fiscal Year 2004-05.
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 attomeys may be adjusted as set forth herein, the
"blended 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 Bond
Counsel for City with regard to the issuance of securities by City; 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 on a flat fee non -contingent basis of Four Hundred Dollars ($400.00)
per hour or on a contingent finance option as shown on Exhibit "A." The choice of options shall be
solely at the choice of City.
1007/001/25584 0 4
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." City agrees to reimburse A&W for these costs and expenses in
addition to the hourly fees for legal services. Reimbursable costs shall not include any overhead
or administrative charge by A&W or A&Ws 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 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 client. Generally, except in
connection with litigation (travel costs to court and for discovery are chargeable), these will only
be charged when outside of the area, and only with the prior agreement of City.
Finally, 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 City as well as other clients. 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.
ZZ)
8. STATEMENTS AND PAYMENT.
A&W shall render to City a statement for fees, costs, and expenses incurred on a
periodic basis (generally monthly). 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.
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.
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 advance written approval of
1007/001/25584 v3 5
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 other -wise, without the prior written approval of City. Adding attorneys to
A&W, changes in the partnership agreement, 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 ser -vices 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 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
other -wise set forth. City shall have no voice in the selection, discharge, supervision or control of
A&W employees, representatives, or agents, or in fixing their number, compensation, or hours of
service.
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:
(a) 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.
(b) 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 legal 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.
(c) 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.
(d) Errors and Omissions Insurance. A policy of professional liability
insurance 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, employers and agents as
additionally insured. Except for the policy of professional liability insurance, the insurer shall
1007/001/25584 0 6
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. COVENANT AGAINST DISCRIMINATION.
A&W covenants that, by and for itself, its heirs, executors, assigns, and all
persons claiming under or through them, that there shall be no discrimination against, or
segregation of, any person or group of persons on account of race, color, creed, religion, sex,
marital status, national origin, or ancestry in the performance of this Agreement. A&W shall
take affirmative action to insure that applicants are employed, and that employees are treated
during employment, without regard to their race, color, creed, religion, sex, marital status, sexual
orientation, national origin, or ancestry.
13. TERM, DISCHARGE AND WITHDRAWAL.
This Agreement shall continue in effect until tenninated by either party hereto.
City may discharge A&W at any time. The City Attorney shall not be deemed an employee of
City, and 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 pe itted by law, and
nn
the Rules of Professional Conduct, upon at least sixty (60) days' notice to City.
In the event of such discharge or withdrawal, City shall pay A&W's professional
fees and costs, in accordance with this Agreement, for all work done (and costs incurred) through
the date of cessation of legal 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.
14. CONFLICTS.
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.
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 would withdraw from representing
either client in the matter, and assist them in obtaining outside special counsel.
1007/001/25584 v3 7
15. 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, Los Angeles County.
16. INTEGRATED AGREEMENT; AMENDMENT.
This Agreement contains all of the agreements of the parties and cannot be
amended or modified except by written agreement. This Agreement shall supercede that certain
agreement for special counsel services previously entered into between the parties. 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.
17. 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,
IN WITNESS THEREOF, the parties hereto have executed this Agreement as of
the date of execution by the City.
Date: June _, 2008 44CITY71
CITY OF CARSON, a general law city and
municipal corporation
By:
Jim Dear, Mayor
ATTEST:
City Clerk
Date: June 2008 "ALESHIRE & WYNDER, LLP"
By: 14 - 0—o36.A1
William W. Wynder/V-sq.
r -r
[END OF SIGNATURES]
1007/001/25584 0 8
EXHIBIT "A"
FEE ARRANGEMENT
(1) The retainer for up to seventy (70) hours of general legal service shall be Nine Thousand
Four Hundred Fifty Dollars ($9,450.00) per month (One Hundred Thirty -Five Dollars
($135.00) per hour). Effective July 1, 2009, the retainer for up to seventy (70) hours of
general legal service shall be Ten Thousand Five -Hundred Dollars ($10,500.00) per
month (One Hundred Fifty Dollars ($150.00) per hour)
(2) General legal services over seventy (70) hours per month will be billed at the blended
billing rate' of One Hundred Fifty Dollars ($150.00) per hour. Effective July 1, 2009,
General legal services over seventy (70) hours per month will be billed at the blended
billing rate of One Hundred Sixty Dollars ($160.00) per hour
(3) Special legal services shall include litigation matters, public finance, disciplinary actions
orhearings, labor negotiations, redevelopment, housing, cable television, water, toxics,
refuse, franchising, enterprise activities and any major contract negotiation. Except for
public finance, all such matters shall be billed at the blended attorney billing rate of One
Hundred Ninety -Five Dollars ($195.00) per hour. Effective July 1, 2009, special legal
services, as defined herein, shall be billed at the blended attorney billing rate of Two
Hundred Five Dollars ($205.00) per hour.
(4) Where there is an opportunity to obtain cost recovery through a private party such as a
developer, the rate will be Two Hundred and Fifteen Dollars ($215.00) per hour.
Effective July 1, 2009, such cost recoverable rate shall be Two Hundred Twenty -Five
($225.00) per hour.
(5) For public finance the fee structure shall be as follows: (i) For land based issues (i.e.
CFD, Assessment or Improvement Districts) one and one-half (I V2) percent of the first
$1 million executed and delivered; three-quarters percent of the next $4 million executed
and delivered; one-third percent of the next $10 million; one-eighth percent of the next
$10 million; and one-tenth percent of any amount over $25 million; subject to a
minimum fee of Forty Thousand Dollars ($40,000.00); or (ii) For all other financings the
above schedule applies with a 25% discount. In the event that multiple series of bonds or
notes are issued, the foregoing fee schedule would be applied to each issue. Fees shall be
contingent unless otherwise directed by the client. If contingent, payment of the fees is
entirely contingent upon the successful execution and delivery of the bonds or notes to be
payable on or after delivery except for out-of-pocket expenses. In addition to the
foregoing, a fee of $6,000.00 may be charged if a tax opinion is required. At the
discretion of the City, City may choose a non -contingent structure in lieu of the above
schedule at the rate of $400.00 per hour on a blended rate for all attorney time incurred.
(6) In addition to the foregoing, A&W would be reimbursed for out-of-pocket expenses
including telecopier, messenger, courier, and other communication costs; reproduction
expense; computer research services; court reporters; mileage cost to court and
1 "Blended billing rate" means irrespective of the rate of the individual attorney.
1007/001/25584 v3
administrative proceedings; travel expenses outside of Los Angeles County; and other
costs and expenses incurred on your behalf. Notwithstanding the foregoing, we do not
charge for word processing, routine computer-assisted legal research, local calls or
mileage to City Hall or City offices. In exchange, when on-site, we would have the
ability to use City copiers and telephones without charge.
(7) The blended rate for legal assistants, irrespective of matter, shall be Ninety Dollars
($90.00) per hour, and for document clerks shall be Forty Dollars ($40.00) per hour.
Effective July 1, 2009, the blended rate for legal assistants, irrespective of matter, shall be
One Hundred Dollars ($100.00) per hour, and for document clerks shall be Fifty Dollars
($50.00) per hour.
(8) The other normal terms and conditions of our billing are set forth in the Statement of
Billing Practices attached as Exhibit "B".
(9) The foregoing fee arrangement would remain in effect until July 1, 2010, and thereafter
until adjusted.
1007/001/25584 v3
EXHIBIT "B"
STATEMENT OF BILLING PRACTICES
A&W's fees are charged on an hourly basis for all time actually expended and are
generally billed monthly with payment due within thirty (30) days after the date of the bill.
However, where contract rates are established, they prevail over design rates. The current hourly
design rate for the attorneys and staff working on this matter will be set forth in the billing
statement. Annually, you will be provided with the prevailing hourly design rates for the
attorneys who will spend the predominate amount of time on this matter. It should be
understood that hourly rates are reviewed, and when appropriate, adjusted to reflect increases in
seniority and experience as well as inflationary factors. These increases are generally made on
an annual basis effective at the beginning of each calendar year.
A&W will incur various costs and expenses in performing legal services. These costs and
expenses are separately billed to the client and in ' elude fees fixed by law or assessed by public
agencies, litigation costs including deposition, reporter fees, and transcript fees, long distance
telephone calls, messenger and other delivery fees, postage, photocopying (charge of twenty
cents ($.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 Firm's actual costs).
Travel costs including mileage (current IRS rate), parking, airfare, lodging, meals, and
incidentals are charged by only in connection with administrative or judicial proceedings, or
when traveling outside of Los Angeles County. Travel time may also be charged in connection
with judicial or administrative 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.
It is understood that A&W will generally 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,
Firm 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 performed. 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
Finn and are never charged to the City (unless expressly requested by the City).
1007/001/25584 0
Agenda Disposition
Carson Redevelopment Agency
Regular Meeting — June 4, 2008
Page 1
ITEM NO. (5) CONSIDERATION OF A CONTRACT FOR LEGAL SERVICES (CITY
MANAGER)
THIS IS A JOINT AGENDA ITEM WITH COUNCIL ITEM NO. 27
RECOMMENDATION for the Redevelopment Agency:
I . CONSIDER and PROVIDE direction.
ACTION: This item was heard after Agency Item No. 4 and jointly with Agency Item No. 5.
It was moved to retain the law firm of Aleshire & Wynder on motion of on motion of Dear, seconded
by Williams and unanimously carried by the following vote:
Ayes: Mayor/Chainnan Dear, Mayor Pro Tem/Chairman Pro Tem Gipson, Council/Agency
Member Santarina, Council/Agency Member Williams, and Council/Agency Member
Davis -Holmes
Noes: None
Abstain: None
Absent: None
Council/Agency Member Davis -Holmes stated that she supported the motion to vote this evening
and felt that the public needed to know the two top firms.
W
City of Carson
Report to Mayor and City Council
June 4, 2008
New Business Discussion
SUBJECT: CONSIDERATION OF A CONTRACT FOR LEGAL SERVICES
Submitted by Jerome G. Groomes Xkrove& by
.)e��me G. Groomes
City Manager City-lvtannfer
THIS IS A JOINT AGENDA ITEM
At the meeting of May 22, 2008, the City Council directed staff to place this
item on the agenda.
Ii. RECOMMENDATION
CONSIDER and PROVIDE direction.
III. ALTERNATIVES
TAKE another action the City Council deems appropriate.
IV. BACKGROUND
After reviewing, the eleven proposals submitted in response to the city's Request
for Proposal No. P08-01 (City Attorney and/or Redevelopment Agency Counsel
Legal Services), the City Council selected and then interviewed six firms during
a Special Joint City Council and Redevelopment Agency meeting held on May
22,2008.
Once the interviews were completed, the City Council agreed that each member
would rank their top firms (numbers one and two) and individually provide the
ranking to staff. The rankings from all members had not been received at the
time this item was prepared, and therefore staff requests that the City Council
provide direction regarding the next steps in the selection process.
V. FISCAL IMPACT
None.
Vi. EXHIBITS
None.
City of Carson Report to Mayor and City Councl
June 4, 20CM
Prepared by: Linda F. Mann, Senior Administrative Analyst
sf.Rev061902
Reviewed bv:
City Clerk
City Treasurer
Administrative Services
Development Services
Economic Development Services
Public Services
Action taken by City Council
Date Action