Regular Meeting
06/17/24 06:00 PM
City Manager Department
Matthew Summers
Contract
Doc ID: 5671
AGENDA ITEM
AGENDA MATTER:
APPROVAL OF AMENDED AND RESTATED LEGAL SERVICES AGREEMENT WITH
COLANTUONO, HIGHSMITH & WHATLEY, PC
EXECUTIVE SUMMARY:
The City of Barstow contracts for City Attorney Services with Colantuono, Highsmith & Whatley, PC, under a contract last amended in 2022. The Interim City Manager recommends the City Council approve a proposed amended and restated legal services agreement with Colantuono, Highsmith & Whatley, PC, maintaining current City Attorney Matthew Summers and adjusting the rates as stated therein.
DISCUSSION:
The law firm of Colantuono, Highsmith & Whatley, PC., and its predecessor firms and professionals have provided general legal services to the City of Barstow since 1997, with the contract most recently amended and rates last changed in 2022.
At this time, the Firm has proposed an amendment to the contract to adjust the rates to provide for a monthly fixed retainer amount of $10,935 and for special projects services at $245 per hour and labor and employment, litigation, and other pre-litigation disputes or specialized legal services at $310 per hour.
Appellate litigation services, if necessary, will be provided at $375 per hour. Work for the City to be reimbursed by others, such as developers, will be provided at $395 per hour, a higher rater allowing work completed at the City’s sole expense to be kept at lower rates. The agreement also provides for an annual inflationary adjustment per the consumer price index, but capped at 4%, and contingent on a positive annual performance evaluation of the firm and City Attorney by the City Council. All other substantive terms remain the same.
Legal Service Type Current Rate Proposed Rate
General City Attorney Services $10,125 per month $10,935 per month Special Projects $225 per hour $245 per hour
Labor and Employment,
Litigation, and Other PreLitigation Disputes Or
Specialized Legal Services
$285 per hour $310 per hour
Appellate Litigation $325 per hour $375 per hour
Legal Services to be
Reimbursed by Others, e.g.
Developers
$325 per hour $395 per hour
FISCAL IMPACT:
Regular Meeting
06/17/24 06:00 PM
City Manager Department
Matthew Summers
Contract
Doc ID: 5671
AGENDA ITEM
The cost of the proposed contract for legal services are accommodated with the existing budget.
RECOMMENDED ACTION:
The City Manager recommends the City Council approve a proposed amended and restated legal services agreement with Colantuono, Highsmith & Whatley, PC, maintaining current City Attorney Matthew Summers and adjusting the rates as stated therein.