Agenda Item No. 22
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
Honorable Successor Agency Chairperson and Board Members Honorable Housing Authority Chairperson and Board Members FROM: )J"kaymond
A. Casey, City Manager
FOR: Joint City Council/Successor Agency/Housing Authority Meeting of June 27, 2022
SUBJECT: First Amendment to the Amended and Restated City Attorney, Successor Agency General Counsel, and Housing Authority General Counsel Legal Services Agreement
RECOMMENDATION:
That City Council approve and authorize the Mayor to execute the First Amendment to the Amended and Restated City Attorney, Successor Agency General Counsel, and Housing Authority General Counsel Legal Services Agreement between the City of Yucaipa and Richards, Watson & Gershon.
That the Successor Agency to the Yucaipa Redevelopment Agency approve and authorize the chairperson to execute the First Amendment to the Amended and Restated City Attorney, Successor Agency General Counsel, and Housing Authority General Counsel Legal Services Agreement.
That the Yucaipa Housing Authority approve and authorize the chairperson to execute the First Amendment to the Amended and Restated City Attorney, Successor Agency General Counsel, and Housing Authority General Counsel Legal Services Agreement.
DISCUSSION:
On July 9, 2018, the City Council last approved an amended and restated professional services agreement with the firm Richards, Watson & Gershon for legal services. The First Amendment to that agreement would change the standard billing rates as set forth in Exhibit A to the Agreement. The rate adjustment generally reflects an increase based on consumer price index (CPI) changes since 2018. Richard, Watson & Gershon (RWG) did not request rate adjustments previously in light of the then unknown impacts of the COVID-19 pandemic on the City's financial condition. The amended rates would become effective on July 1, 2022.
The existing agreement, and the First Amendment also includes as parties the Yucaipa Housing Authority and the Successor Agency to the Yucaipa Redevelopment Agency.
E11
Agenda Report
Amendment to City/Agency Authority Attorney's Contract
For the Meeting of 06-27-2022
It should be noted that even with these substantive increases, given the City's longstanding positive relationship with RWG, the hourly rates are still generally below the market compared to most City contracts for legal services.
FISCAL IMPACT:
The adopted 2022-2023 budget accounts for the costs of legal services. The actual amount of expenditures is dependent upon the level of legal services activity occurring throughout the year. It is not possible to know with certainty the future level of litigation or other demand for legal services, and thus the expenses. In some instances, the legal fees may be recovered from a third parties to offset the costs of legal services. Staff will monitor the level of activity involving special legal services and will return to Council, as appropriate, for budget adjustments at mid -year, if necessary.
Attachments: First Amendment to the Amended and Restated Agreement for legal services between the City, Successor Agency, and Housing Authority, and Richards, Watson & Gershon
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FIRST AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT FOR
LEGAL SERVICES BETWEEN THE CITY OF YUCAIPA, THE SUCCESSOR
AGENCY TO THE YUCAIPA REDEVELOPMENT AGENCY, THE HOUSING
AUTHORITY OF THE CITY OF YUCAIPA AND RICHARDS, WATSON & GERSHON,
A PROFESSIONAL CORPORATION
This FIRST AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT
FOR LEGAL SERVICES BETWEEN THE CITY OF YUCAIPA, THE SUCCESSOR
AGENCY TO THE YUCAIPA REDEVELOPMENT AGENCY, THE HOUSING
AUTHORITY OF THE CITY OF YUCAIPA AND RICHARDS, WATSON & GERSHON, A PROFESSIONAL CORPORATION ("First Amendment") is dated as of June 27, 2022, and is entered into by and between by and between the CITY OF YUCAIPA, a municipal corporation (the "City"), the SUCCESSOR AGENCY TO THE YUCAIPA REDEVELOPMENT AGENCY (the "Successor Agency"), and the HOUSING AUTHORITY OF THE CITY OF YUCAIPA (the "Housing Authority") and the law firm of RICHARDS, WATSON & GERSHON, a professional law corporation, and the undersigned attorneys, sometimes hereinafter collectively referred to as "the Finn." For purposes of the Agreement and this First Amendment, the City, Successor Agency and Housing Authority are referred to herein as "City." This First Amendment amends that certain Amended And Restated Agreement For Legal Services Between The City Of Yucaipa, The Successor Agency To The Yucaipa Redevelopment Agency, The Housing Authority Of The City Of Yucaipa And Richards, Watson & Gershon, A Professional Corporation by and between the City and the Firm dated July 9, 2018 (the "Agreement"). All terms defined in the Agreement shall have the same meaning when used herein.
MATTERS OF AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the Parties hereto agree as follows:
1. Exhibit A of the Agreement is hereby amended to read as set forth in the amended Exhibit A attached hereto and incorporated herein by reference, with the updated hourly rates taking effect on July 1, 2022.
2. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect.
SIGNATURE PAGE FOLLOWS
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IN WITNESS WHEREOF, the Parties hereto have executed this Third Amendment as of the day and year first written above.
DATED:
ATTEST:
City Clerk
CITY OF YUCAIPA
David Avila,
Mayor
DATED: SUCCESSOR AGENCY TO THE
YUCAIPA REDEVELOPMENT AGENCY
Chairman
ATTEST:
Executive Director
DATED: HOUSING AUTHORITY OF THE
CITY OF YUCAIPA
Chairman of the Board
ATTEST:
Executive Director
DATED: RICHARDS, WATSON & GERSHON,
a professional law corporation
Kayser O. Sume, Chairman of the Board
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RICHARDS, WATSON & GERSHON
HOURLY RATES FOR THE CITY OF YUCAIPA
EFFECTIVE JULY 1, 2022
General Municipal Work. This work consists of providing legal advice on municipal law matters, attendance at City Council and Commission meetings, workshops, staff meetings, preparation of routine ordinances and resolutions, and review and approval of standard agreements, and other services described in Section 6 of the Legal Services Agreement. This work shall not include other categories of services listed in this Exhibit and designated by the Firm with a separate special services billing number. The hourly rates for this work are:
David M. Snow, City Attorney
$195
Tort Defense Litigation. Defense or prosecution of personal injury, death or property damage litigation based on alleged negligence or dangerous conditions of public property. The hourly rates for this work are:
Shareholder Rate
Senior Attorney Rate
Associate Rate
$250
$240
Standard
General Litigation. Litigation involving defense or prosecution of writs of mandate, injunctions, breach of contract, inverse condemnation, eminent domain, election proceedings, or administrative proceedings, except as otherwise provided in this Exhibit. The hourly rates for this work are:
Shareholder Rate
Senior Attorney Rate
Associate Rate
$295
$270
Standard
Mobilehome Rent Control. Interpretation and implementation of the City's mobilehome rent control regulations. The hourly rates for this work are:
Shareholder Rate
Senior Attorney Rate
Associate Rate
$260
$250
Standard
Code Enforcement. Litigation initiated by the City to enforce the Yucaipa Municipal Code or other State or local laws or regulations. The hourly rates for this work are:
All attorneys blended rate $235
Land Use Projects. The drafting and negotiation of all development agreements, drafting and negotiation of land use entitlements for significant land use projects, specialized advice and 2670332.1
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representation on general plan, housing and zoning issues, and other related specialized legal advice and counsel. The hourly rates for this work are:
Shareholder Rate
Senior Attorney Rate
Associate Rate
$295
$275
Standard
Personnel and Labor Relations. Advice concerning employee hiring and termination, compensation and benefits, labor negotiations, administrative hearings relating to personnel and labor matters. The hourly rates for this work are:
Shareholder Rate
Senior Attorney Rate
Associate Rate
$280
$255
Standard
Environmental. Legal work concerning state and federal hazardous waste laws, including CERCLA and NPDES, compliance audits, appearance before state and federal agencies concerning enforcement actions or permit applications, and litigation relating to such issues. The hourly rates for this work are:
Shareholder Rate
Senior Attorney Rate
Associate Rate
$300
$275
Standard
Other Special Services Designated by the Firm. Legal services provided by attorneys other than the designated City Attorney, in specialized areas of the law, such as annexations and reorganizations, administrative hearings, water rights, etc.
Shareholder Rate $295
Senior Attorney Rate $275
Associate Rate Standard
Standard Associate Rates
Third Year Associates
$225
Second Year Associates
$210
First Year Associates
$195
Associate rates change annually based on Bar admission date Paralegal Rate $ 150
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