CITY OF SIMI VALLEY
MEMORANDUM
D
ecember 4, 2023
TO
: City Council
Board of Directors, Ventura County Waterworks District #8 Board of Trustees, Simi Valley Public Library
F
ROM: Office of the City Manager/General Manager
S
UBJECT: CONSIDERATION OF CONTRACT WITH BURKE WILLIAMS &
SORENSEN FOR CITY ATTORNEY AND LEGAL COUNSEL SERVICES
STAFF RECOMMENDATION
I
t is recommended the City Council approve the contract with Burke Williams & Sorensen for the provision of City Attorney and Legal Counsel services.
BACKGROUND AND OVERVIEW
O
n September 27, 2023, City Attorney David Caceres notified the City that he would retire from the City of Simi Valley effective on that date. On September 28, 2023, the City entered into a co ntract with the law firm of Burke Williams & Sorensen (Burke) for contract City Attorney services. On October 9, 2023, the City Council, by a vote of 5-0, formally appointed Mr. Algeria Ford, an attorney with Burke, as the City’s City Attorney. Subsequently, the City has entered into additional contracts with Burke to cover the provision of other legal services. At this time, Burke and the City desire to consolidate all contracts into one master contract to address the provision of all City Attorney and Legal Counsel services for the City of Simi Valley.
Staff recommends the City Council approve the contract with Burke for all legal services.
FINDINGS AND ALTERNATIVES
B
urke currently serves the legal needs of over 300 governmental entities, serving as general and special counsel for housing authorities, special districts, cities, towns, counties, and other public agencies.
T
he City Attorney ’s role is necessarily broad- reaching and requires an attorney with experience in every aspect of California municipal law. While the City Attorney’s key role is to represent the City Council, the services provided also include legal representation of City functions including Public Works, Planning and Environmental Services , Administrative Services , Police, City Clerk, Human Resources, and Information Technology.
AGENDA ITEM NO.
9B
2 Working with all City o fficials, the City Attorney provides legal guidance and representation for all aspects of municipal law including land use and zoning; public contracting and procurement; environm ental compliance, real estate, labor and employment law; civil litigation; and a multitude of other issues affecting local governance.
Additionally, the City Attorney will advise regarding governance; ethical conduct; and other essential elements of public service as well as on legal matters regulating government operations in accordance with ethical and legal standards including the Brown Act, the Public Records Act, the Political Reform Act , and Government Code Section 1090.
The City’s initial contract with Burke covered the provision of basic city attorney services consisting of the following: routine legal assistance, advice and consultation to the City Council and to City staff relating to general municipal law issues; general and routine public employee relations issues; and other transactional legal issues affecting the City.
These would include, without limitation, preparing and reviewing legal opinions, ordinances, resolutions, agreements and related documents; preparing for and attending all regular meetings of the City Council; telephone consultations with City Council Members and staff; and coordination with and supervision of City legal staff and outside counsel.
The City’s in-house City Attorney staff consists of three attorneys with vari ous levels of experience and expertise. The need existed for legal counsel services specifically related to land-use, code enforcement, housing, procurement and contracts, CEQA, and other specific municipal areas. To ensure continued service to the organization, the City entered into subsequent contracts with Burke to cover areas of municipal law that were not addressed in the initial contract for city attorney services , including general litigation and land use legal services.
Municipal City Attorney offices will follow one of three formats:
1. Contract City Attorney – Under this scenario the city will have no legal staff and all legal work is performed by contract with outside counsel;
2. In-House City Attorney – Under this scenario most legal services are performed by city staff, including an appointed or elected city attorney with specialized leg al services performed by contract with outside counsel; or
3. Hybrid City Attorney – Under this scenario the city has staff attorneys performing legal services that align with their expertise however the provision of City Attorney or other Legal Counsel services is performed through a contract with outside counsel.
While the City of Simi Valley has operated under an In-House format, the departure of the former City Attorney and the varying level of expertise of existing City legal staff moved the City to implement a Hybrid format.
3 Since implementing the Hybrid format, the City has experienced exceptional legal service from Burke, with all Burke legal services led by Mr. Ford as the City Attorney. In contracting with Burke for the provision of City Attorney and Legal Counsel services, and due to the breadth of experience and expertise of Mr. Ford and the attorneys with the Burke firm, the City is able to consolidate legal operations under one umbrella and begin to reduce the dependence upon other outside legal firms. Due to the number of attorneys available to the City by Burke, the City has enjoyed responsiveness to City issues and questions. Additionally, the rate being charged by Burke ($300.00 per hour) for Mr. Ford and other Burke attorneys will provide a cost savings relative to other outside firms being used by the City. Other services provided by Burke are at rates of $325 and $350 per hour depending upon the work involved.
At this time, the City and Burke desire to consolidate all legal services into a single contract. This contract will cover City Attorney services, as provided by Mr. Ford, as well as all other legal services provided by Burke attorney s. City staff attorneys in the City Attorney’s office (one Senior Assistant City Attorney, two Assistant City Attorneys) will continue to perform legal services for the City in their areas of expertise.
The proposed contract (page 5) includes provisions which identify specific Burke attorneys assigned to the City of Simi Valley, including Mr. Ford as City Attorney. In the event the City desires to change the attorney to fulfill the role of City Attorney, the City may ask for a change. In addition, the City reserves the right to cancel the contract at any time in the future with or without cause. As such, the City Council controls the ability to shift away from a Hybrid format and return to an in-H ouse format at any time. It is
anticipated that funding within the FY 2023-24 Budget can accommodate this contract and no additional funding is anticipated.
Staff recommends the City Council approve the contact with Burke for the provision of City Attorney and Legal Counsel services.
The following alternatives are available to the City Council:
1. Appr
ove the contract with Burke Williams & Sorensen for the provision of City Attorney and Legal Counsel services;
2. M
odify and approve the contract with Burke Williams & Sorensen for the provision of City Attorney and Legal Counsel services;
3. A
pprove the contract with Burke Williams & Sorensen for the provision of City Attorney and Legal Counsel services and direct staff to initiate the process to recruit for an In-House format City Attorney;
4. P
rovide further direction to staff.
S
taff recommends Alternative No. 1
4 SUGGESTED CITY COUNCIL MOTION
I move to approve the contract with Burke Williams & Sorensen for the provision of City Attorney and Legal Counsel services.
SUMMARY
On September 27, 2023, City Attorney David Caceres notified the City that he would retire from the City of Simi Valley effective on that date. On September 28, 2023, the City entered into a contract with the law firm of Burke Williams & Sorensen (Burke) for contract City Attorney services. The need existed for additional legal counsel services specifically related to land-use, code enforcement, housing, procurement and contracts, CEQA, and other specific municipal areas and therefore subsequent contracts were executed. At this time, Burke and the City desire to consolidate all contracts into one master contract to address the provision of all City Attorney and Legal Counsel services for the City of Simi Valley. Staff recommends the City Council approve t he contract with Burke for all legal services.
____________________________________
Brian P. Gabler
City Manager
INDEX Page
Contract with Burke Williams & Sorensen ........................................ 5 RIV #4850-8212-4777 v1 08047-0001
1770 Iowa Avenue - Suite 240
Riverside, California 92507 -2479
voice 951.788.0100 - fax 951.788.5785
www.bwslaw.com
Direct No.: 951.801.6625
Our File No.: 08707-001
[email protected]
Los Angeles – Inland Empire – Marin County – Oakland – Orange County – Palm Desert – San Diego – San Francisco – Silicon Valley – Ventura County December 4, 2023
Mayor, Mayor Pro Tem, and Councilmembers
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, California 93063
Re: Legal Services Agreement for City Attorney & Related Legal Services Dear Mayor, Mayor Pro Tem & Councilmembers:
Thank you for your recent appointment of our firm and Algeria R. Ford as the City Attorney. We are pleased to represent the City of Simi Valley with respect to the matters described in this Legal Services Agreement (“Agreement”).
The following sets forth the terms pursuant to which BURKE, WILLIAMS & SORENSEN, LLP (“Burke”) and the CITY OF SIMI VALLEY (“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. EFFECTIVE DATE AND TERM. The effective date of this Agreement shall be September 28, 2023, provided that the authorized representatives of Burke and Client have executed the Agreement. When the Agreement becomes effective it will supersede in all respects any existing Agreement for Legal Services between the Parties (“Interim Agreement(s)”). However, until such time, the Interim Agreement(s) shall remain in effect.
The Agreement shall have a nominal term of five (5) years, subject to prior termination as provided herein below. Such term shall not infringe upon Client’s right to undertake a request for qualifications or similar solicitation process for legal services as approved by a majority vote of the full membership of Client’s City Council.
2. SCOPE OF SERVICES. Client hires Burke to provide contracted City Attorney and related 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 councilmembers, directors, officers, employees or any other persons or entities affiliated with Client shall be provided unless such representation is expressly included in 5 Legal Services Agreement: City of Simi Valley
December 4, 2023
RIV #4850-8212-4777 v1 08047-0001
A
ttachment “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 also covers representation on appeal or in execution proceedings after judgment. Services in any matter not described above will require a separate written agreement or a written modification to this Agreement.
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 INTERES T. 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 appl icable 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. LEGAL FEES AND BILLING PRACTICES . Client agrees to pay by the hour at Burke’s rates for legal personnel as set forth in Attachment “B” for all time spent on Client’s matter by Burke’s legal personnel.
Burke’s rates are subject to change on 30 days’ written notice to Client. Rates shall automatically increase annually on July 1 of each year beginning on July 1, 2025 by the greater of (i) in an amount equal to five (5) dollars per hour ; or (ii) by a perc entage equal to the percentage change in the All Urban Consumers Price Index (CPI) for the Los Angeles/Long Beach area over the last proceeding twelve month period published by the U.S. Bureau of Labor Statistics. If Client declines to pay increased rates, Burke will have the right to withdraw as attorney for Client.
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 6 Legal Services Agreement: City of Simi Valley
December 4, 2023
RIV #4850-8212-4777 v1 08047-0001
per
sonnel. The legal pers onnel 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.
6. 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 item s.
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: $ . 655 (per IRS notices)
Other: 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.
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 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.
(d) Travel to City Hall by City Attorney. Burke agrees not to charge Client for mileage reimbursement or travel time for Algeria R. Ford or Stephanie 7 Legal Services Agreement: City of Simi Valley
December 4, 2023
RIV #4850-8212-4777 v1 08047-0001
G
utierrez when traveling to City Hall to attend routine City Council meetings or for regularly scheduled office hours.
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.
7. 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.
8. 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.
9. 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)
10. DI
SCHARGE AND WITHDRAWAL . Client may discharge Burke at any time. 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 8 Legal Services Agreement: City of Simi Valley
December 4, 2023
RIV #4850-8212-4777 v1 08047-0001
material matter or any fact or 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 9 above, whether or not Client has paid for all services.
11. 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 will, 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.
12. 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 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. 9 Legal Services Agreement: City of Simi Valley
December 4, 2023
RIV #4850-8212-4777 v1 08047-0001
13. D
ISCLAIMER 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.
14. 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 RIGHT, EXCEPT UNDER LIMITED CIRCUMSTANCES, TO APPEAL THE ARBITRATOR’S DECISION.
(Client Initial Here) (Burke Initial Here)
15. A
TTORNEYS’ 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. 10 Legal Services Agreement: City of Simi Valley
December 4, 2023
RIV #4850-8212-4777 v1 08047-0001
16. EN
TIRE 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.
17. 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.
18. 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.
19. 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.
[S
IGNATURES ON FOLLOWING PAGE]
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.
DATED:_________________ CITY OF SIMI VALLEY
By:
Fred D. Thomas, Mayor
11 Legal Services Agreement: City of Simi Valley
December 4, 2023
RIV #4850-8212-4777 v1 08047-0001
DATED: December 4, 2023 BURKE, WILLIAMS & SORENSEN, LLP By:
John Welsh, Managing Partner
12 Legal Services Agreement: City of Simi Valley
December 4, 2023
RIV #4850-8212-4777 v1 08047-0001
Attachment “A” – Scope of Services
Burke shall act as the contracted City Attorney’s Office for Client. In this capacity, Burke designates Algeria R. Ford as the City Attorney, and Karl Berger, Stephanie Gutierrez and Brian Hamblet as Senior Assistant City Attorneys. Burke may designate additional or alternate firm owners or employees to act as senior assistant city attorneys, assistant city attorneys, deputy city attorneys, or as special counsel.
Burke’s personnel shall continue to serve as the City Attorney and direct that Office until such time as Client discharges Burke or Burke withdrawals for good cause pursuant to the paragraph entitled “Discharge and Withdrawal” above. It is understood that this agreement does not limit or otherwise restrict Client from pursuing any request for qualification, request for proposal, or other evaluation and selection process for city attorney services.
As the contracted City Attorney’s Office, Burke and employees shall provide both the General Services and Special Services described below at the rates set for in Attachment “B”.
General Legal Services
General Services
are routine, customary legal services for normal operations of the City and include the following:
Public Meetings, attendance and preparation for City Council and Planning Commission meetings.
Office Hours at City Hall.
Attendance at weekly Management / Executive Team meetings. Attendance at other meetings upon request.
Adult business and other first amendment protected business regulation. Affordable Housing.
Burke may utilize virtual communication technology to attend meetings upon prior discussion and agreement with Client.
Code Enforcement / City Prosecutor Services
Contract Review.
13 Legal Services Agreement: City of Simi Valley
December 4, 2023
RIV #4850-8212-4777 v1 08047-0001
o P
reparation and review of standard form service contracts and purchase documents.
o Review of standard public works contracts.
o Provide other standard forms and templates.
Document Review. Review, approve, prepare ordinances, resolutions, staff reports and other general legal document required by the City. Formal administrative hearings.
General City Support items.
o Routine real property acquisitions, easements, and dedications. o Tort and contract claims and liability exposure.
o Personnel matters
o Legal opinions (except as related to bond or public financing). o Response to routine Phone calls and emails from Council Members, City Clerk, Treasurer.
o Brown Act Compliance.
o Public Records Act Compliance.
o Political Reform Act / Conflict of Interest Laws compliance. o Election law (general in nature).
o Procedural issues and due process.
o Intergovernmental relations.
o Assistance responding to Public Records Act requests. o Maintenance of Municipal Code.
Land Use & Zoning.
o Legal research, review and recommendation.
o Interpretation of General Plan language.
o Interpretation of Specific Plans.
o Preparation and Review of Subdivision Agreements.
Legislation. Monitor and provide updates on pending and current legislation and court decisions.
14 Legal Services Agreement: City of Simi Valley
December 4, 2023
RIV #4850-8212-4777 v1 08047-0001
O
ther. Perform such other legal duties as may be required by the City Council or City Manager (except for Special Legal Service Matters described below). Pitchess Motions.
Public Safety – Routine.
Research. Perform research and interpret laws, court decisions and other legal authorities.
Trainings. Provide standard and routine trainings to City Council and City Staff (includes trainings and presentations already prepared by Burke for public organizations (e.g. League of California Cities).
Special Legal Services
Special Legal Services
to include those legal services of a non-routine nature or a routine task that, due to its complexity, requires additional analysis and research. Special services will include all services not included within the Retainer option selected by the City, including the following:
ADA claims and suits.
Cannabis business regulation.
Complex economic development agreement, post -redevelopment incentive districts and programs.
Complex Environmental matters.
Complex public construction projects, bid disputes, protests, and suits. Election disputes, including initiatives, recall, referendums, districting, election challenges, and qualification issues.
Eminent Domain.
Fees, charges and taxes (Mitigation Fee Act, Prop 218). Franchising.
Litigation. Police defense, dangerous condition cases, other tort liability, personnel litigation, writs, and other litigation matters.
Matters that are complex, novel or unusual.
15 Legal Services Agreement: City of Simi Valley
December 4, 2023
RIV #4850-8212-4777 v1 08047-0001
Non-routine land use and development matters including general plan updates, Williamson Act Issues, annexa tions, development agreements, Non- routine environmental matters (CEQA, NEPA, Endangered Species). Non-routine negotiation matters.
Prevailing wage disputes.
Telecommunications.
Toxic substances matters (CERCLA, RCRA).
Water rights and water quality issues.
Burke does not provide comprehensive tax, bankruptcy, bond, public financing or ERISA work and these services are excluded from this Agreement. 16 Legal Services Agreement: City of Simi Valley
December 4, 2023
RIV #4850-8212-4777 v1 08047-0001
Attachment “B”
Rates for Attorneys and other timekeepers through July 1, 2022.
General Services.
All general municipal services would be provided at the following flat hourly rates.
Staffing Hourly Rate
Blended Attorney Rate $300
Paralegals $150
Tort Litigation and Code Enforcement Services.
All tort liability litigation and police defense litigation would be provided at the following hourly rates:
Staffing Hourly Rate
Blended Attorney Rate $325
Paralegals $165
17 Legal Services Agreement: City of Simi Valley
December 4, 2023
RIV #4850-8212-4777 v1 08047-0001
A
ll Other Special Legal Services.
All other special legal services would be provided at the following hourly rates based on the experience and skill of the attorney:
Staffing Hourly Rate
Blended Attorney Rate $350
Paralegals $165
Rates for Legal Services Reimbursable to Client by Third Party.
Where legal fees and costs are reimbursable to Client by a third party, including without limitation a private party, another governmental entity, an insurer, or similar party, the rate for service shall be at Burke’s then current standard private legal service rates.
Travel Time
Burke agrees that it will not charge for travel time at an hourly rate for Algeria Ford and Stephanie Gutierrez when traveling to or from Client’s City Hall, City Yard, or other City facilities. For other counsel, Client agrees that it will pay Burke travel time from the nearest office (Camarillo); except as specifically noted in the Agreement above and not applicable to special counsel attorneys. Client agrees to pay travel time at the hourly rate for all Burke attorneys when travel is required to non- City owned locations outside of Client’s corporate boundaries when required for Client’s business.
Client agrees to pay for travel time, at the above listed hourly rates, for attorneys of the firm providing Special Legal Services. Travel shall be preauthorized by Client in advance, except that Client hereby preauthorizes travel time to attend necessary court appearances, depositions, document productions, Pitchess motions, arbitrations, mediations, and labor negotiations sessions.
Travel time will be recorded at increments of 0.10 of an hour.
Client agrees to reimburse Burke for travel related fees and costs (other than fuel or normal vehicle wear and tear) including without limitation parking fees, road and br idge tolls, and similar costs.
18