SPECIAL MEETING AGENDA
OF THE
ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE
ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING
AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
MONDAY APRIL 14, 2025 10:00a.m.
CITY HALL COUNCIL CHAMBERS
200 CAMPUS DRIVE, ARVIN
CALL TO ORDER Mayor Olivia Calderón
PLEDGE OF ALLEGIANCE
INVOCATION
*******************************************
ROLL CALL Olivia Calderón Mayor
Susana Reyes Mayor Pro Tem
Donny Horton Councilmember
Jaime Perez Councilmember
******************************************
STAFF Jeff Jones City Manager / Finance Director
Cecilia Vela City Clerk
I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.
PUBLIC COMMENTS:
The meetings of the City Council and all municipal entities, commissions, and boards (“the City”) are open to the public. At regularly scheduled meetings, members of the public may address the City on any item listed on the agenda, or on any non-listed matter over which the City has jurisdiction. At special or emergency meetings, members of the public may only address the City on items listed on the agenda. Such comments shall be made in person and before the City during the meeting as prescribed below. There is a time limitation of two (2) minutes per person. However, the City shall allow a speaker using a translator four (4) minutes to ensure that non-English speakers receive the same opportunity to directly address the City. Sixteen Minutes (16) total (plus additional time based on use of a translator, if any) will be allowed for any one subject. For any item that is not on the agenda and within the jurisdiction or interest of the City, please come to the podium at this time. The Brown Act does not permit any action or discussion on items not listed on the agenda. If you wish to speak regarding a scheduled agenda item, please come to the podium when the item number and subject matter are announced, and the Mayor or Chair opens Public Comment on the item. When recognized, please begin by providing your name and address for the record (optional). Anyone wishing to submit written information at the meeting needs to furnish ten (10) copies to the City Clerk in advance to allow for distribution to City Council, staff and the media. Willful disruption of the meeting shall not be permitted. If the Mayor finds that there is in fact willful disruption of any City Council Meeting, he/she may order the disrupting parties out of the room and subsequently conduct the City’s business without them present.
In accordance with the Brown Act, all matters to be acted on by the City must be posted at least 72 hours prior to a regular meeting. In cases of an emergency, or when a subject matter needs immediate action or comes to the attention of the City subsequent to the agenda being posted, upon making certain findings, the City may act on an item that was not on the posted agenda.
AGENDA STAFF REPORTS AND HANDOUTS:
Staff reports and other disclosable public records related to open session agenda items are available at City Hall, 200 Campus Drive, Arvin, CA 93203 during regular business hours.
CONDUCT IN THE CITY COUNCIL CHAMBERS:
Rules of Decorum for the Public
Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, clapping, whistling, stamping of feet or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the City meeting infeasible. A member of the audience engaging in any such conduct shall, at the discretion of the presiding officer or a majority of the City, be subject to ejection from the meeting per Gov. Code Sect. 54954.3(c).
Removal from the Council Chambers:
Any person who commits the following acts in respect to a meeting of the City shall be removed from the Council Chambers per Gov. Code Sect. 54954.3(c).
(a) Disorderly, contemptuous or insolent behavior toward the City or any member thereof, tending to interrupt the due and orderly course of said meeting;
(b) A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting;
(c) Disobedience of any lawful order of the Mayor, which shall include an order to be seated or to refrain from addressing the City; and
(d) Any other unlawful interference with the due and orderly course of said meeting.
AMERICANS with DISABILITIES ACT:
In compliance with the ADA, if you need special assistance to participate in a City meeting or other services offered by the City, please contact the City Clerk’s office, (661) 854-3134. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
Special Arvin City Council Meeting Agenda – April 14, 2025
1. APPROVAL OF AGENDA AS TO FORM.
Motion __________Second __________ Vote __________
Roll Call: CM Perez ____ CM Horton ____ MPT Reyes ____ Mayor Calderón _____
2. ACTION ITEM(S)
A. Consideration and Approval of A Resolution of the City Council of the City of Arvin, California Appointing Stephanie Gutierrez as City Attorney for the City of Arvin and Approving the Retainer Agreement for Legal Services between the City of Arvin and Burke, Williams, and Sorensen, LLP.
Motion __________Second __________ Vote __________
Roll Call: CM Perez ____ CM Horton ____ MPT Reyes ____ Mayor Calderón _____
3. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the Arvin City Council Chambers Bulletin Board not less than 24 hours prior to the meeting. Dated April 11, 2025.
Cecilia Vela, City Clerk
Reso Appointing Stephanie Gutierrez as City Attorney & Approving Legal Services Agreement with BWS, LLP.
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN,
CALIFORNIA APPOINTING STEPHANIE GUTIERREZ AS CITY
ATTORNEY FOR THE CITY OF ARVIN AND APPROVING THE
RETAINER AGREEMENT FOR LEGAL SERVICES BETWEEN BURKE,
WILLIAMS, AND SORENSEN, LLP AND THE CITY OF ARVIN.
WHEREAS, at the City Council Meeting of March 11, 2025, the City Council of the City of Arvin terminated the legal services agreement with its former City Attorney; and WHEREAS, the City of Arvin has submitted a Request for Proposal to recruit a permanent City Attorney; and
WHEREAS, based upon Stephanie Gutierrez’s - Burke, Williams, and Sorensen, LLP background, experience, and expertise, she is qualified to serve as City Attorney for the City of Arvin; and
WHEREAS, the City Council of the City of Arvin desires to appoint Ms. Stephanie Gutierrez of Burke, Williams, and Sorensen, LLP to the position of City Attorney under Government Code §36505, an appointment deemed to be for legal services and requiring specialized skills, effective April 14, 2025.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARVIN,
CALIFORNIA, DOES HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS:
SECTION 1. That the foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION 2. That, effective upon adoption of this resolution, Ms. Stephanie Gutierrez of Burke, Williams, and Sorensen, LLP is hereby appointed as City Attorney for the City of Arvin.
SECTION 3. That, the Retainer Agreement for Legal Services by and between the City of Arvin and Burke, Williams, and Sorensen, LLP, attached as Exhibit “A” is hereby approved.
SECTION 4. That, Ms. Stephanie Gutierrez of Burke, Williams, and Sorensen, LLP shall serve as the City Attorney pursuant to the Retainer Agreement for Legal Services by and between the City of Arvin and Burke, Williams, and Sorensen, LLP, with effective date of April 14, 2025, attached as Exhibit “A”.
SECTION 5. That, the City Clerk shall certify to the passage and adoption of this Resolution.
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Reso Appointing Stephanie Gutierrez as City Attorney & Approving Legal Services Agreement with BWS, LLP.
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a special meeting thereof held on the 14th day of April 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
CECILIA VELA, City Clerk
CITY OF ARVIN
By:
OLIVIA CALDERÓN, Mayor
ATTACHMENT: EXHIBIT A: Retainer Agreement for Legal Services.
I, ______________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein. 444 South Flower Street - 40th Fioor
• . ~ Los Angeles, California 90071-2942
voice 213.236.0600 -fax 213.236.2700
BURKE, WILLIAMSBSORENSEN, LLP www.bwslaw.com
Direct No.: 213.236.2818
[email protected]
April 11, 2025
City of Arvin
200 Campus Drive
Arvin, CA 93203
Re: Retainer Agreement for Legal Services
Honorable Mayor Calderon:
We are pleased to represent CITY OF ARVIN with respect to the matters described in this Agreement. The following sets forth the terms pursuant to which BURKE, WILLIAMS & SORENSEN, LLP ("Burke") and CITY OF ARVIN ("Client") agree that Burke will provide legal services to Client. The hallmark of any productive professional relationship is effective communication, and we would invite you to contact us at any time during or after our representation with regard to any questions you may have associated with our representation, or the matters described herein.
1. CONDITIONS. This Agreement will not take effect, and Burke will have no obligation to provide legal services, until Client returns a signed copy of this Agreement and pays the deposit called for under Paragraph 5. The effective date of this Agreement will be April 14, 2025.
2. SCOPE OF SERVICES. Client hires Burke to provide legal services in the matters set forth in Attachment "A" to this Agreement. No representation outside of the matters set forth in Attachment "A" to this Agreement shall be provided by Burke to Client. No representation of any directors, officers, employees, shareholders, or any other persons or entities affiliated with Client shall be provided unless such representation is expressly included in Attachment "A" to this Agreement. Burke will provide those legal services reasonably required to represent Client. Burke will take reasonable steps to keep Client informed of progress and to respond to Client's inquiries. If a court action is filed, Burke will represent Client through trial and post-trial motions. This Agreement does not cover representation on appeal (including administrative writ appeals) or in execution proceedings after judgment. Separate arrangements must be agreed to for those services. Services in any matter not described above will require a separate written agreement or a written modification to this Agreement.
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Los Nngeles — Inland Empire — Marin County —Oakland —Orange County —Palm Desert —San Diego —San Francisco —Silicon Valley —Ventura County
EXHIBIT A
BURKE, WILLIAMS & SORENSEN, ~~P
City of Arvin
April 11, 2025
3. CLIENT'S DUTIES. Client agrees to be truthful with Burke, to cooperate, to keep Burke informed of any information or developments which may come to Client's attention, to abide by this Agreement, to pay Burke's bills on time, and to keep Burke advised of Client's address, telephone number, and whereabouts. Client will assist Burke in providing necessary information and documents and will appear when necessary at legal proceedings.
4. CONFLICTS OF INTEREST. Before accepting representation of Client, Burke has undertaken reasonable and customary efforts to determine whether there are any potential conflicts of interest or adversity of positions between Client and any other person or entity that would bar Burke from representing Client in general or in any of the specific matters listed in Attachment "A". Burke has reviewed this issue in accordance with the Rules of Professional Conduct adopted in California. Burke believes that those rules, rather than the rules of any other jurisdiction, are applicable to Client's representation. Client's execution and return of the enclosed copy of this letter represents an express agreement to the applicability of the Rules of Professional Conduct adopted in California to any and all representation arising under this Agreement.
5. REPLENISHING DEPOSIT /RETAINER. To commence the
representation under this Agreement effective April 14, 2025, Client must provide Burke with a replenishing deposit, otherwise known as a retainer, totaling the amounts) listed in Attachment "A" to this Agreement. Burke will hold the deposit in Burke's trust account and apply it to each statement when rendered by Burke. Client will pay any additional balance due upon receipt of Burke's statements each month and also will replenish the deposit each month in the amount of all payments made to Burke from the deposit. At the conclusion of the matter, the deposit will be applied to the final statement, in which event Client will be responsible for any amount due over and above the deposit or be entitled to a refund of any amount remaining after the final statement is satisfied in full.
6. LEGAL FEES AND BILLING PRACTICES. Client agrees to pay by the hour at Burke's prevailing rates for all time spent on Client's matter by Burke's legal personnel. Current hourly rates for legal personnel are set forth in Attachment "B" to this Agreement.
Burke's rates are subject to change on 30 days' written notice to Client. Rates shall automatically increase annually on January 1 of each year as set forth in Attachment "B" to this Agreement. If Client declines to pay increased rates, Burke will have the right to withdraw as attorney for Client.
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BURKE, WILLIAMS & SORENSEN, LLP
City of Arvin
April 11, 2025
The time charged will include the time Burke spends on telephone calls relating to Client's matter, including calls with Client, witnesses, opposing counsel or court personnel. The legal personnel assigned to Client's matter may confer among themselves about the matter, as required and appropriate. When they do confer, each person will charge for the time expended, as long as the work done is reasonably necessary and not duplicative. Likewise, if more than one of the legal personnel attends a meeting, court hearing or other proceeding, each will charge for the time spent. Burke will charge for waiting time in court and elsewhere and for travel time, both local and out-of-town.
7. COSTS AND OTHER CHARGES.
(a) Burke will incur various costs and expenses in performing legal services under this Agreement. Client agrees to pay for all costs, disbursements and expenses in addition to the hourly fees. The costs and expenses commonly include: service of process charges, filing fees, court and deposition reporters' fees, jury fees, notary fees, deposition costs, long distance telephone charges, messenger and other delivery fees, postage, photocopying and other reproduction costs, travel costs including parking, mileage, transportation, meals and hotel costs, investigation expenses, consultants' fees, expert witness, professional, mediator, arbitrator and/or special master fees, unavoidable administrative staff and secretarial overtime, and other similar items.
Except for the items listed below, all costs and expenses will be charged at Burke's cost.
In-office photocopying/page: $ .20
In-office color photocopying/page $ 1.00
Facsimile charges/page: $ 1.00
Mileage/mile: $ .70 (per IRS notices)
All other costs reasonably and
necessarily incurred in performing
services for the City: At cost
(b) Out-of-town travel. Client agrees to pay transportation, meals, lodging and all other costs of any necessary out-of-town travel by Burke's personnel, excluding the City Attorney. Client will also be charged the hourly rates for the time legal personnel spend traveling.
(c) Experts, Consultants and Investigators. To aid in the preparation or presentation of Client's case, it may become necessary to hire expert witnesses, consultants, investigators, and outsourced support services. Client agrees to pay such 4932-2982-9428 v2
BURKE, WILLIAMS 8 SORENSEN, lLP
City of Arvin
April 11, 2025
fees and charges. Burke will select any expert witnesses, consultants, investigators or support services to be hired, and Client will be informed of persons chosen and their charges.
Additionally, Client understands that if the matter proceeds to court action or arbitration, Client may be required to pay fees and/or costs to other parties in the action.
Any such payment will be entirely the responsibility of Client.
8. BILLING STATEMENTS. Burke will send Client periodic statements for fees and costs incurred. Each statement will be payable within 30 days of its mailing date. Client may request a statement at intervals of less than 30 days. If Client so requests, Burke will provide one within 10 days. The statements shall include the amount, rate, basis of calculation or other method of determination of the fees and costs, which costs will be clearly identified by item and amount.
9. INTEREST CHARGES. If a billing statement is not paid by its due date, interest will be charged on the principal balance (fees, costs, and disbursements) shown on the statement. Interest will be calculated by multiplying the unpaid balance by the periodic rate of .833% per month (TEN PERCENT [10%] ANNUAL PERCENTAGE RATE). The unpaid balance will bear interest from the date of the invoice until paid.
10. LIEN. Client hereby grants Burke a lien on any and all claims or causes of action that are the subject of the representation under this Agreement. The lien will be for any sums owing to Burke at the conclusion of services performed. The lien will attach to any recovery Client may obtain, whether by arbitration award, judgment, settlement or otherwise. The effect of such a lien is that Burke may be able to compel payment of fees and costs from any such funds recovered on behalf of Client even if Burke has been discharged before the end of the case. Because a lien may affect Client's property rights, Client may seek the advice of an independent lawyer of Client's choice before agreeing to such a lien. By initialing this paragraph, Client represents and agrees that Client has had a reasonable opportunity to consult such an independent lawyer and—whether or not Client has chosen to consult such an independent lawyer— Client agrees that Burke will have a lien as specified above. (Client Initial Here) (Burke Initial Here)
11. DISCHARGE AND WITHDRAWAL. Client may discharge Burke at any time by providing a thirty (30) day written notice. Burke may withdraw with Client's consent or for good cause. Good cause includes Client's breach of this Agreement, refusal to cooperate or to follow Burke's advice on a material matter or any factor 4932-2982-9428 v2
BURKE, WILLIAMS & SORENSEN, LLP
City of Arvin
April 11, 2025
circumstance that would render Burke's continuing representation unlawful or unethical.
When Burke's services conclude, all unpaid charges will immediately become due and payable. After services conclude, Burke will, upon Client's request, deliver Client's file, and property in Burke's possession unless subject to the lien provided in Paragraph 10 above, whether or not Client has paid for all services.
12. DOCUMENT RETENTION POLICY. Client is entitled upon written request to any files in Burke's possession relating to the legal services performed by Burke for Client, excluding Burke's internal accounting records and other documents not reasonably necessary to Client's representation, subject to Burke's right to make copies of any files withdrawn by Client. Once a matter is concluded, Burke will close the file, and Client will receive notice thereof. Client's physical files may be sent to storage offsite, and thereafter there may be an administrative cost for retrieving them from storage. Thus, it is recommended that Client request the return of a file at the conclusion of a matter. Under Burke's document retention policy, Burke normally destroys files five (5) years after a matter is closed, unless other arrangements are made with Client.
All client-supplied materials and all attorney end product (referred to generally as "client material") are the property of Client. Attorney end product includes, for example, finalized contracts, pleadings, and trust documents. Attorney work product is the property of Burke. 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.
After the close of a matter, Burke will notify Client of any client materials that remain in Burke's possession. Client will be invited to retrieve these client materials within 45 days of notice, or Client may direct Burke to forward the client materials to Client, at Client's expense. If within 45 days of this notice Client fails to retrieve the client materials or request Burke to forward them, Client authorizes Burke to destroy the client materials.
After the 45-day period, Burke wild, consistent with all applicable rules of professional conduct, use its discretion as to the retention or destruction of all attorney work product and any client materials that remain with Burke.
13. TECHNOLOGY. At its discretion, unless otherwise stated, Burke will employ technology to facilitate electronic discovery. This may include scanning of paper documents, culling of documents, converting electronically stored information into 4932-2982-9428 v2
BURKE, WILLIAMS & SORENSEN, ~~P
City of Arvin
April 11, 2025
a format suitable for review, the usage of electronic review software, etc. Applicable associated costs, including electronic storage and transfer costs, will be billed to Client.
Burke uses artificial intelligence tools known as Co-Counsel 1.0 and Co-Counsel
2.0 in the representation of Client. The tools do not permit the vendor (Thomson Reuters) to acquire ownership or control or to use information for the vendor's purposes outside the protection of the attorney-client privilege or the attorney work product doctrine. Burke continues to maintain control over Client's confidential information during the use of the tools mentioned here. Burke's AI policy does not authorize the use of any other generative or agentic AI.
14. DISCLAIMER OF GUARANTEE AND ESTIMATES. Nothing in this Agreement and nothing in Burke's statements to Client will be construed as a promise or guarantee about the outcome of the matter. Burke makes no such promises or guarantees. Burke's comments about the outcome of the matter are expressions of opinion only. Any estimate of fees given by Burke shall not be a guarantee. Actual fees may vary from estimates given.
15. MEDIATION/ARBITRATION; WAIVER OF JURY TRIAL. If a dispute arises out of or relating to any aspect of this Agreement between Client and Burke, or the breach thereof, and if the dispute cannot be settled through negotiation, Burke and Client agree to discuss in good faith the use of mediation before resorting to arbitration, litigation, or any other dispute resolution procedure. Nothing herein shall limit or otherwise affect your right under Sections 6200-6206 of the California Business and Professions Code to request arbitration of any fee dispute by an independent, impartial arbitrator or panel of arbitrators through a bar association program created solely to resolve fee disputes between lawyers and clients. However, should discussions, mediation or the non-binding arbitration provided through a local bar association program not resolve the dispute, the dispute shall be determined by binding arbitration before the American Arbitration Association under its then prevailing commercial arbitration rules, except that discovery may be taken in that arbitration pursuant to the California Code of Civil Procedure. The claims or controversies subject to this provision shall include, without limitation, any claim of professional negligence or malpractice.
The arbitration shall be held in Los Angeles, California, unless we mutually select another venue, and judgment may be entered upon the arbitrator's award by any court having jurisdiction. Should you refuse or neglect to appear or participate in the arbitration proceedings, the arbitrator is empowered to decide the claim or controversy in accordance with the evidence presented. You should realize that by accepting the arbitration provision, YOU WILL WAIVE YOUR RIGHT TO A JURY TRIAL AND THE 4932-2982-9428 v2
BURKE, WILLIAMS & SORENSEN, ALP
City of Arvin
April 11, 2025
RIGHT, EXCEPT UNDER LIMITED CIRCUMSTANCES, TO APPEAL THE ARBITRATOR'S DECISION.
(Client Initial Here) (Burke Initial Here)
16. ATTORNEYS' FEES CLAUSE. The prevailing party in any action or proceeding arising out of or to enforce any provision of this Agreement, with the exception of a fee arbitration or mediation under Business and Professions Code Sections 6200-6206, will be awarded reasonable attorneys' fees and costs incurred in that action or proceeding, or in the enforcement of any judgment or award rendered.
17. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.
18. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
19. MODIFICATION BY SUBSEQUENT AGREEMENT. This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them, or an oral agreement only to the extent that the parties carry it out.
20. EFFECTIVE DATE. This Agreement will govern all legal services performed by Burke on behalf of Client commencing with the date Burke first performed services. The date at the beginning of this Agreement is for reference only. Even if this Agreement does not take effect, Client will be obligated to pay Burke the reasonable value of any services Burke may have performed for Client.
THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM AS OF THE DATE BURKE FIRST PROVIDED SERVICES. IF
MORE THAN ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE, JOINTLY AND SEVERALLY, FOR ALL OBLIGATIONS UNDER THIS AGREEMENT. CLIENT SHALL RECEIVE A FULLY EXECUTED DUPLICATE OF THIS AGREEMENT. 4932-2982-9428 v2
BURKE, WILLIAMS & SORENSEN, LLP
City of Arvin
April 11, 2025
DATED:
DATED: 4f ~ ~ ZUZSEnclosure: return copy
4932-2982-9428 v2
CITY OF ARVIN
By:
Olivia Calderon
Mayor
Address: 200 Campus Drive, Arvin, CA 93203
Telephone: (661) 854-3134
BURKE, WILLIAMS & SORENSEN, LLP
By:
h Ish
a ~ Partner
BURKE, WILLIAMS & SORENSEN, LAP
City of Arvin
April 11, 2025
Attachment "A"
Burke shall discharge the duties of the offices of the City Attorney.
Designation of City Attorney
Stephanie Gutierrez is designated as City Attorney. The parties understand and agree that Burke may, from time to time, utilize other attorneys within the firm to assist Ms. Gutierrez in the performance of this Agreement.
2. General Legal Services —Basic Retainer
General Legal Services are routine, customary legal services for normal operations of Client and include the following:
(a) Attendance at all City Council meetings and Planning Commission meetings, as requested.
(b) Review and comment upon agenda reports, resolutions, and other documents.
(c) Office hours on meeting days.
(d) Meetings and Phone conversations with Council Members, City Manager, and Department Heads.
(e) Attendance at Department Head Meetings.
(f) Preparation of attorney client closed session memoranda for City Council. (g) Providing advice regarding compliance with the Brown Act, Public Records Act, Political Reform Act and Levine Act.
(h) Review of Form Service Agreements, Professional Service Agreements and Minor Repair /Construction work (on forms provided by Burke). (i) General Law Enforcement Advice and Counsel.
3. Litigation and Special Services
(a) General Municipal Work
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BURKE, WILLIAMS & SORENSEN, LLP
City of Arvin
April 11, 2025
All legal services that do not fall within the scope of General Legal Services described in Section 2 and are of anon-routine nature that, due to its complexity, requires additional analysis and research. General Municipal Work includes, but is not limited to the following:
(i) Prevailing wage law compliance
(ii) Elections issues.
(iii) Drafting of substantial revisions to ordinances, resolutions and contracts.
(iv) Drafting of contracts other than noted in Section 2. (b) Specialty Work (Non-Reimbursable)
Transactional or litigation matters when Client will not be reimbursed by a third party, including, but not limited to:
(i) Complex land use entitlement processing.
(ii) Public works and affordable housing transactions.
(iii) CEQA and environmental compliance.
(iv) Disputed or interactive personnel matters (e.g., grievance or ADA interactive process)
(v) Human Resources and Labor Negotiations.
(vi) Law Enforcement litigation.
(vii) Administrative hearings.
(c) Specialty Work (Reimbursable)
Transactional or litigation matters when the City will be reimbursed by a third party, including, but not limited to:
(i) Review of CEQA documents.
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BURKE, WI~LIAMS 8 SORENSEN, LLP
City of Arvin
April 11, 2025
(ii) Land use entitlement processing.
(iii) Litigation matters involving development projects. (d) Tort Litigation and Code Enforcement
This shall include code enforcement advice and litigation, administrative proceedings and defense in tort liability actions.
(e) In Service Training
In Service Training includes:
(i) Focused Trainings on the Brown Act, Conflicts of Interest, or Public Ethics.
(ii) Land Use 101
(iii) AB 1234 Training
(iv) Basic Contract Drafting and Administration
(v) Public Document Retention and Destruction
(vi) Public Records Act Training
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BURKE, WILLIAMS & SORENSEN, lLP
City of Arvin
April 11, 2025
Attachment "B"
The following rates will remain effective through June 30, 2026, and at that time will be re-evaluated by the parties.
1. General Legal Services (Basic Retainer)
Fixed or "capped" retainer of $15,000 per month for provision of all General Legal Services, as defined in Attachment "A." Section 2. This shall include a maximum of 60 hours per month and shall be remitted to Burke on or before the 1 S' of each month.
Hourly rates for General Legal Services rendered beyond 60 hours per month shall be:
Partners $280
Associates $260
Paralegals $160
2. General Municipal Work (Outside Scope of Retainer)
Partners $280
Associates $260
Paralegals $160
3. Specialty Work (Non-Reimbursable)
Partners $325
Associate Attorneys $275
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BURKE, WILLIAMS & SORENSEN, LAP
City of Arvin
April 11, 2025
4. Specialty Work (Reimbursable)
Partners $450
Associate Attorneys $400
5. Tort Litigation and Code Enforcement
Partners $275
Associate Attorneys $260
6. In Service Trainings
In Service Trainings are provided at no cost, upon request. 4932-2982-9428 v2