HomeMy WebLinkAbout06/20/1989, C-9 - CONTRACT FOR TEMPORARY LEGAL SERVICES. I��N��IN�Iylllll��l II � 1" MEETING DATE:
ct o sar► ass oB�spo E/20/89
ONGS COUNCIL AGENDA REPORT ITEM NUMBS
FROM: Vicki J. Finucane, Acting City Attorney .,,/ ,7-,
SUBJECT: Contract for Temporary Legal Services.
CAO RECOMMENDATION: Adopt resolution approving contract for legal services with
Lyon & Picquet
BACKGROUND:
In December 1988, City Attorney Roger Picquet announced he was leaving
City employment to go into private practice as the firm of Lyon &
Picquet. He went to a half-time employment from January 20 to March 23,
1989 •and has been in full-time private practice ever since. The search
for a new city attorney is ongoing with interviews currently being
scheduled. It is estimated that the new city attorney will not be on
board until late July or early August. The Assistant City Attorney was
named Acting City Attorney and has been fulfilling the functions of the
two positions since late March.
To minimize unnecessary disruption to city operations and to avoid a
possible gap in overall legal support services to council and staff, Mr.
Picquet agreed to provide legal services to the City until no longer
desired or necessary. He has been providing direct services to staff and
council on a number of matters since he started his private practice and
standard city procedures would require that a formal contract be entered
into in order to continue this arrangement.
A copy of the contract with Lyon & Picquet identifying Roger Picquet as
the attorney providing the primary legal services from the firm is
attached.
STAFF COMMENTS AND CONCURRENCES:
There are a significant number of major items which are pending or will be
coming before council and staff for the next several months. In light of
Mr. Picquet's knowledge, background and expertise, staff highly recommends
the continuation of the availability of his services.
FISCAL IMPACT:
The base rate for legal services will be $110 per hour. As noted by the
Finance Director in his memo (see attached) this amount is within market
for the nature and of level of his services. The cost of this contract
would not require additional budgeting or funding for the City Attorney's
Department due to the savings in salary not being paid to a full-time City
Attorney during the transition. Not entering into the contract could
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result in some fiscal and other risks since staffing for the office has
been cut in half and Mr. Picquet's background in certain of the ongoing
legal issues is necessary for the functioning of the office.
CAO RECOMMENDATION:
Approve contract with law firm of Lyon & Picquet.. Authorize CAO to sign
on behalf of the City.
Attach:
Resolution (contract attached as Exhibit A)
Memo from Finance Director
RESOLUTION NO. (1989 Series)
CRESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING A CONTRACT FOR TEMPORARY LEGAL
SERVICES BETWEEN THE CITY OF SAN LUIS OBISPO
AND LYON & PICQUET
BE IT RESOLVED by the San Luis Obispo City Council as follows:
SECTION 1 . That certain contract attached hereto, marked "Exhibit
A, " and incorporated herein by reference, between the City of San Luis
Obispo and Lyon & Picquet is hereby approved and the City Administrative
Officer is authorized to execute the same.
On motion of seconded by
and on the following roll call vote:
AYES.:
NOES:
ABSENT:.
the foregoing Resolution was passed and adopted this day of
1989.
MAYOR R09 DUNIN
ATTEST:
CITY CLERK, PAM VOGES
APPROVED:
City Administrativ Officer
CiJ
City Attor F
ir
r
LEGAL SERVICES AGREEMENT
( 1
1. IDENTIFICATION OF PARTIES_ This Agreement, executed in
duplicate with each party receiving an executed original, is made between
LYON & PICQUET, Attorneys at Law (hereinafter referred to as "Law Firm" )
and CITY OF SAN LUIS OBISPO (hereinafter referred to as "Client") .
THIS AGREEMENT is required by Business and Professions Code Section
6148 and is intended to fulfill the requirements of that section.
2. LEGAL SERVICES TO BE PROVIDED. The legal services to be
provided by Law Firm to Client are as follows:
A. Furnishing of legal advice, preparation of legal documents
and generally performing legal office work. In addition. Law Firm
shall attend, as needed and instructed, City Council meetings and
any other meetings, as requested by City Administrative Officer or
Acting City Attorney. �!
B. Representing City in civil litigation involving City as
party plaintiff or party defendant, but only upon direction of the
Acting City Attorney.
C. Acting as city prosecutor as directed by the Acting City
Attorney.
3. RESPONSIBILITIES OF. LAW FIRM AND CLIENT. Law Firm will perform
the legal services called for under this Agreement, keep Client informed
of progress and developments, and respond promptly to Clients' inquiries
and communications. Client will be cooperative with Law Firm, keep Law
Firm reasonably informed of developments and provide necessary information
and staff coordination and timely make any payments required by this
Agreement.
l
Exhibit A
F: I
4. ATTORNEY'S FEES. Clients will pay Law Firm according to Law
GFirm's regular rates for the legal services provided under this Agreement.
Law Firm's current hourly rates are as follows:
Roger Picquet $110 per hour
($120 per hour for litigation)
Other Attorneys same as for Roger Picquet unless
a lesser rate is agreed upon by
the parties
Law Firm will charge in increments of one tenth of an hour, rounded. off
for each particular activity to the nearest one tenth of an hour. The
minimum time charged for any particular activity will be one tenth of an
hour.
Law Firm will charge for all activities undertaken in providing
legal services to 'Client under this Agreement. including, but not limited
to, the following: conferences, court sessions, council or other
meetings, and depositions (preparation and participation); correspondence
and legal documents (review and preparation) : legal research; and
telephone conversations.
If, while this agreement is in effect, Law Firm increases the hourly
rates being charged to Client generally for attorney's fees,that increase
may be applied to fees incurred under this Agreement, but only with
respect to services provided thirty (30) days or more after written notice
of the increase is mailed to Client. If Client chooses not to consent to
the increased rates, Client may terminate Law Firm's services under this
agreement by'written notice effective when received by Law Firm, provided
Client execute and return a substitution-of-attorney form immediately on
its receipt from Law Firm if Law Firm is Client's attorney of record in
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any proceeding. Client acknowledges that Law Firm has made no promises
about the total amount of attorney's fees to be incurred by Client under
this Agreement.
5. COSTS. Client will pay all "costs" in connection with Law
Firm's representation of Client under this Agreement. Costs will be
advanced by Law Firm and then billed to Client unless the costs can be met
out of client deposits that are applicable toward costs. Costs include,
but are not limited to, court filing fees, deposition costs, expert fees
and expenses, investigation costs, long-distance telephone charges.
messenger service fees, photocopying expenses, fax copies, and process
server fees.
6. STATEMENTS AND PAYMENTS. Law Firm will send Client monthly
statements indicating attorney's fees and costs incurred and their basis,
any amountsappliedfrom the deposit, and any current balance owed. If no
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attorney's fees or costs are incurred for a particular month, or if they
are minimal , the statement may be held and combined with that for the
following month. Any balance will be paid in full within thirty (30) days
after the statement is mailed.
7. EFFECTIVE. DATE OF AGREEMENT. The effective date of this
Agreement will be March 24, 1989.
8. AMENDMENTS. The parties agree to consider any necessary and
desirable amendments to this agreement which best implement the
contractual relationship created herein.
9. ENFORCEMENT OF AGREEMENT. If any legal action is necessary to
enforce the provisions of this Agreement, the prevailing party shall be
entitled to costs, including reasonable attorney's fees.
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The foregoing is agreed to by:
Client: Law Firm:
City of San Luis Obispo Lyon & Picquet
By: By:
John Dunn Roger T. Picquet
Dated: Dated:
� , 4
March 20, 1989
i�
� v
MEMORANDUM
TO: John Dunn, City Administrative Officer n
FROM William C. Statler, Director of Finance
SUBJECT: CONTRACT CITY ATTORNEY RATES
The following is a summary of hourly rates regarding contract City Attorney services. As
reflected in these summaries, an hourly rate of $100 to $120 would appear reasonable.
CITY IN-HOUSE COSTS
Compensation (salary & benefits) 78,300
Office Support (clerical & supplies) 28,800
Indirect Costs @ 27% (space, phones, accounting, personnel, etc.) 28.900
Total Annual Compensation 136,000
Hourly Rate @ 1,656 Productive Hours Annually $ 82
Note: Another 10-20% for risk = $90 - $100 per hour
PASO ROBLES
o Monthly retainer of $4,350 per month for 40 hours $108
o Additional services per hour $120
GROVER CITY
o Monthly retainer of $2,132 (no hours indicated)
o Additional services per hour:
Regular services $100
Redevelopment services $120
If you have any questions concerning these benchmarks, or require additional information,
please do not hesitate to contact me.
Memo/AtyRates _
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