PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.G
SUBJECT/TITLE:
AGREEMENT WITH ELLISON SCHNEIDER HARRIS & DONLAN LLP FOR LEGAL
SERVICES
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to enter into an Agreement with Ellison Schneider Harris & Donlan, LLC to provide water law legal services.
EXECUTIVE SUMMARY/BACKGROUND:
The City has been party to a lawsuit involving the Santa Maria Groundwater Basin for many years, and while the case has proceeded to judgment, the court has retained jurisdiction to enforce the judgment and to monitor the status of the groundwater basin to prevent adverse impacts to the basin. As part of that monitoring, the City is required annually to provide reports to the court regarding the groundwater basin and the City’s efforts to manage groundwater within the basin. The City has had outside water law counsel for many years to represent the City in this litigation.
Until recently, the City shared outside legal counsel and the costs of such representation with the City of Arroyo Grande. Arroyo Grande has retained new counsel to represent it in the litigation going forward, and as a result, staff reviewed the existing legal services being provided to Pismo Beach. In light of significant water law issues anticipated to arise from the Central Coast Blue project in the coming years, staff believed it appropriate to solicit informal proposals from different water law firms to represent Pismo Beach.
Conclusion and Recommendation
Staff recommends the firm of Ellison Schneider Harris & Donlan, LLP, and Shawnda Grady of the Ellison firm, to provide water law legal services to the City going forward.
Ms. Grady’s resume is provided to the Council as Attachment 2. A resolution (Attachment 1) authorizing the City Manager to enter into the agreement (Attachment 1A) has been provided.
FISCAL IMPACT:
The fiscal impact of approving this agreement remains to be seen, depending on the amount of legal services provided in the future with respect to the Santa Maria Groundwater Basin litigation and issues relating to Central Coast Blue. The City Attorney is responsible for managing outside counsel and ensuring that costs are appropriate for the legal services being provided to the City. The water enterprise fund is typically charged for matters relating to the Santa Maria Groundwater Basin litigation.
ALTERNATIVES:
1. Decline to approve agreement and provide staff with direction of how to proceed.
9.G-1Council Agenda 6-21-2022
ATTACHMENTS:
1. Resolution
1.A. Exhibit A to Resolution: Legal Services Agreement
2. Shawnda Grady resumé
Prepared by: Meeting Date: June 21, 2022
Dave Fleishman, City Attorney
City Manager Approval:
9.G-2Council Agenda 6-21-2022
RESOLUTION NO. R-2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH ELLISON SCHNEIDER HARRIS & DONLAN LLP TO PROVIDE
WATER LAW LEGAL SERVICES
WHEREAS, the City has been party to a lawsuit involving the Santa Maria Groundwater Basin for many years; and
WHEREAS, while the case has proceeded to judgment, the court has retained jurisdiction to enforce the judgment and to monitor the status of the groundwater basin to prevent adverse impacts to the basin; and
WHEREAS, as part of that monitoring, the City is required annually to provide reports to the court regarding the groundwater basin and the City’s efforts to manage groundwater within the basin; and
WHEREAS, the City has had outside water law counsel for many years to represent the City in this litigation; and
WHEREAS, in light of significant water law issues anticipated to arise from the Central Coast Blue project in the coming years, staff believed it appropriate to solicit informal proposals from different water law firms to represent Pismo Beach; and WHEREAS, staff recommends the firm of Ellison Schneider Harris & Donlan, LLP, and Shawnda Grady of the Ellison firm, to provide water law legal services to the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a legal services agreement with Ellison Schneider Harris & Donlan, LLP in substantially the form attached hereto as Exhibit A to provide water law legal services.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 21st day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
9.G-3Council Agenda 6-21-2022
Attachment 1
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
9.G-4Council Agenda 6-21-2022
Attachment 1
AGREEMENT FOR LEGAL REPRESENTATION BETWEEN
CITY OF PISMO BEACH
AND
ELLISON SCHNEIDER HARRIS & DONLAN LLP
This is a representation agreement made between Ellison Schneider Harris & Donlan LLP (referred to as “we,” “us,” or “our firm”) and The City of Pismo Beach (referred to as “Client,” “you,” or “your”).
The terms of the agreement are as follows:
1. Services Provided
We shall provide those legal services reasonably required to represent you within the scope of work described below. As appropriate, this may include legal and factual research, drafting letters and legal documents, attending meetings with consultants, local, state, and federal agencies, appearing on your behalf in judicial proceedings, and organizing and maintaining files. We shall also keep you informed of significant developments and respond to your inquiries.
2. Scope of Work
The scope of our work is limited to acting as legal counsel to Client in relation to the matter identified as In Re: Santa Maria Valley Groundwater Litigation, Santa Clara County Superior Court, Docket No. 1997-1-cv-770214, as directed by Client.
3.Fees
We charge by the hour for the time our legal personnel (attorneys, law clerks, paralegals and document clerks) spend on your matter. Our hourly rates are outlined on Attachment A hereto. These rates are subject to periodic change. You will be given advance notice of any rate change. You agree to pay for our legal services at the applicable rates.
As a standard matter, our legal personnel bill in increments of 0.10 hours (6 minutes) for any task. They will charge for all telephone calls relating to your case, including, but not limited to, calls with you and other counsel. Our legal personnel may confer among themselves about your matter, as required. When they do confer, each person will charge for the time expended.
Likewise, if more than one of our legal personnel attends a meeting or other proceeding, each will charge for his or her time. We will charge for waiting time and for travel time, both local and out of town. All of the charges referred to will be at the rates prevailing when the time is expended.
9.G-5Council Agenda 6-21-2022
Attachment 1A
Agreement for Legal Representation
City Of Pismo Beach
4. Costs
In addition to the fees set out above, we will incur various costs and expenses in performing the legal services described herein. You agree to pay for those costs and expenses reasonably incurred. The costs and expenses commonly include long distance telephone calls, electronic mail, facsimile, messenger and other delivery fees, postage, charges for computer research and outside assisted legal research, investigation expenses, consultant fees, mileage and parking, and photocopying and other reproduction. Unlike some firms, Ellison Schneider Harris & Donlan does not charge for ordinary clerical staff time, word processing, computer time, and other similar items.
However, we reserve the right to charge you for unusual costs of this nature, such as where your matter demands substantial clerical staff overtime or the hiring of additional, temporary employees. If out of town travel is required of legal personnel, you agree to pay all costs of such travel, in addition to the hourly rates for travel time. Costs and expenses will be charged to you at our standard cost charges as shown on Attachment B to this agreement. These cost charges are subject to periodic change.
5. Consultants
To aid in representing you, it may become necessary to hire a consultant or investigator.
We will not hire such a person without your consent. Once you consent, you will be responsible for such person’s fees and charges. We shall have the right to approve any consultant or investigator to be hired.
6. Billing
We will send to you a monthly statement of our fees and costs incurred for your review.
Our statements shall clearly state the basis thereof, including the amount, rate and basis for calculation of our fees. You agree to pay this statement within thirty (30) days of the statement’s date. Please provide your current Accounts Payable and Electronic Clearinghouse contact information requested in Attachment C, and inform us promptly if there are changes in invoicing contacts or process.
At our election, we may impose late fees or interest on past due accounts, to the extent permitted by law. Ellison Schneider Harris & Donlan may also institute collection proceedings or retain a collection agency to recover amounts past due. If any efforts are initiated to collect unpaid fees and costs, Ellison Schneider Harris & Donlan shall be entitled to recover all fees and expenses incurred.
9.G-6Council Agenda 6-21-2022
Attachment 1A
Agreement for Legal Representation
City Of Pismo Beach
7. Professional Liability Insurance
Our firm retains professional liability insurance.
8.Client’s Obligations
You agree to provide us with direction and guidance on those tasks which you expect us to perform. You also agree to keep us informed of significant developments related to its matter.
You further agree to pay the fees and costs, as set out above.
9. Termination of Representation
Upon written notice, you may discharge us at any time. We may withdraw only for good cause. Among the facts constituting good cause are your breach of this agreement, your refusal to cooperate with us or to follow our advice on a material matter, or any fact or circumstance that would render our continuing representation of you unlawful or unethical.
Upon the termination or conclusion of our services, you must pay all fees and costs our firm incurs up to the termination of our relationship. We acknowledge our obligation, upon your demand, to deliver its file at or after the termination or conclusion of our services.
10. Interpretation of Agreement
If any legal action is necessary to enforce or interpret any provision of this agreement, the prevailing party shall be entitled to reimbursement of all reasonable attorney fees and costs incurred, including attorney fees and costs incurred in executing any judgment. Venue shall be in Sacramento County.
11. Contact Persons
David M. Fleishman is the principal contact person for Client and is the person directing the scope of our work. Shawnda M. Grady is the principal contact person for our firm and is the attorney in charge of this matter.
9.G-7Council Agenda 6-21-2022
Attachment 1A
Agreement for Legal Representation
City Of Pismo Beach
12. Contract for Legal Services
This agreement is a contract for legal services. This agreement authorizes our firm to represent you concerning the matter described above. You have agreed to pay our fees and costs as billed, in accordance with the above terms. We have made no promises or guarantees to you about the outcome of this matter, and nothing in this letter shall be construed as such a promise or guarantee. This letter supersedes any prior oral or written agreements.
The above terms accurately set forth our agreement.
ELLISON SCHNEIDER HARRIS & DONLAN LLP
DATE: By
Robert E. Donlan
THE CITY OF PISMO BEACH
DATE: By
James R. Lewis, City Manager
9.G-8Council Agenda 6-21-2022
Attachment 1A
ATTACHMENT A
ELLISON SCHNEIDER HARRIS & DONLAN LLP
Water Attorneys - 2021 Hourly Rates
Attorneys
Robert E. Donlan $475
Christopher M. Sanders $450
Shawnda Grady $425
Craig A. Carnes, Jr. $425
Peter Jansen $310
Paralegals /Law Clerks
Paralegal $ 175
Law Clerk $ 175
Other partners, associate attorneys and contract
attorneys depending upon experience
9.G-9Council Agenda 6-21-2022
Attachment 1A
ATTACHMENT B
ELLISON SCHNEIDER HARRIS & DONLAN LLP
2021 CLIENT COST CHARGES
Photocopying $0.20/page
Outgoing Facsimile $2.00/page (includes telephone)
Incoming Facsimile No charge
Long Distance Telephone Actual cost of call + 50%
Local Telephone No charge
Postage, messenger, Federal Actual cost
Express, computer research,
other out-of-pocket expenses
and outside vendors.
Word Processing No charge
Secretarial Overtime $25.00/hour
Mileage Per IRS guidelines
9.G-10Council Agenda 6-21-2022
Attachment 1A
ATTACHMENT C
ELLISON SCHNEIDER HARRIS & DONLAN LLP
2021 Client Billing Form
Please provide the contact information for your Accounts Payable Representative should we require immediate reconciliation.
Name:
Title:
Billing Address:
Tel:
E-Mail:
If you use an electronic clearinghouse or billing management service for uploading monthly statements, please provide that contact information here:
Contact Name:
Title:
Clearinghouse Name:
Billing Address:
Tel:
E-Mail:
Should you require assistance or have questions regarding statements of our fees and costs incurred, please contact our Billing Representative or Firm Administrator.
Kimberlee L. Arrington Karen C. Gunther
Billing Representative Firm Administrator and CPA
Tel: (916) 447-2166, Ext. 8584 Tel: (916) 447-2166, Ext. 8585 E-Mail: [email protected] E-Mail: [email protected]
9.G-11Council Agenda 6-21-2022
Attachment 1A
SHAWNDA M. GRADY
EXPERIENCE
ELLISON SCHNEIDER HARRIS & DONLAN LLP
Partner, Sacramento, CA (2016-present)
Shawnda specializes in water rights and related areas of natural resources law, including all aspect s of surface and groundwater rights and state and federal laws relating to the use and management of water resources. Shawnda represents a broad range of public agencies, municipalities, public and private institutions, and individual water users with a focus on preserving and defending their water rights, providing counsel regarding surface and groundwater supply issues, including the Sustainable Groundwater Management Act, and compliance with environmental laws such as CEQA, NEPA, and the Endangered Species Act .
She regularly represents her clients before the State Water Resources Control Board, Department of Fish and Wildlife and other state and federal agencies, and in federal and California courts in various actions including comprehensive groundwater adjudications.
BLANK ROME , LLP
Associate, New York, NY and Los Angeles, CA (2008 - 2016) Shawnda’s practice focused on complex commercial, environmental, class action, and consumer financial litigation. She and represented clients in several state and federal trial and appellate courts in matters involving complex contract disputes, statutory and regulatory compliance, privacy, fraud, unfair competition, business torts, consumer class actions, and environmental, employment, and white collar claims. Shawnda represented clients in all phases of civil and white-collar criminal litigation, including pre-trial, trial, and appellate proceedings, and conducted internal investigations and advised clients on compliance issues.
HON. STANLEY R. CHESLER, U.S. DISTRICT COURT, DISTRICT OF NEW JERSEY Law Clerk , Newark, NJ (2007 – 2008)
As a law clerk, Shawnda researched and prepared draft opinions and bench memoranda addressing a diverse array of issues arising under federal and state civil and criminal law.
MCELROY, DEUTSCH, MULVANEY & CARPENTER, LLP
Associate, Newark, NJ (2006-2007)
Shawnda was a member of McElroy Deutsch’s labor and employment group. She participated in internal investigations, and advised and represented large corporate clients in the defense of claims arising under state and federal law, including the defense of nation-wide class action matters.
9.G-12Council Agenda 6-21-2022
Attachment 2
Shawnda M. Grady
HON. STEVEN L. LEFELT, NEW JERSEY SUPERIOR COURT, APPELLATE DIVISION Law Clerk , Trenton, NJ (2005-2006)
Shawnda prepared bench memoranda analyzing issues arising under state and federal civil and criminal law for consideration during intermediate appellate review and edited draft opinions.
PROFESSIONAL AND COMMUNITY SERVICE
•Association of Women in Water, Energy & Environment
•American Bar Association
•California Lawyers Association, Environmental Law Section •Sacramento County Bar Association, Environmental Law Section •YMCA of S uperior California, Member, Board of Directors (2017-2021) •Youth Soccer Coach, Land Park Soccer Club (2015-2020)
EDUCATION
Rutgers University School of Law, J.D, 2005
University Of California, Davis, B.S., 1998
BAR ADMISSIONS
California
New York
New Jersey
U.S. Court of Appeals for the Ninth Circuit
U.S. District Courts for the Northern, Southern, Central, and Eastern Districts of California, Southern and Eastern Districts of New York, District of New Jersey
9.G-13Council Agenda 6-21-2022
Attachment 2