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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 4

Meeting Date: July 13, 2004

Subject/Title: Authorize the City Manager to execute a Professional Services Agreement for Legal Services with McDonough Holland & Allen in an amount not to exceed $40,000 for the 2004/2005 fiscal year.

Prepared by: Ellen Bonneville, Housing Manager

Submitted by: Howard Sword, Economic Development Director

RECOMMENDATION
Authorize the City Manager to execute a Professional Services Agreement for Legal Services with McDonough Holland & Allen in an amount not to exceed $40,000 for the 2004/2005 fiscal year.

PREVIOUS ACTION
On May 25, 2004 the City Council directed staff to move forward with an Implementation Resolution for the City’s Affordable Housing Ordinance 756 and to make recommendations on proposed amendments to Ordinance 756 – the Affordable Housing Program.

In the past, McDonough Holland & Allen has assisted the City in creating certain legal documents to be used for its affordable housing program.

BACKGROUND
McDonough Holland & Allen has been the Brentwood Redevelopment Agency’s legal counsel for almost a decade, and is highly specialized in practicing redevelopment and affordable housing law. MHA is knowledgeable and experienced with our City’s policies, procedures and needs, and most importantly, has been greatly involved in the City’s Affordable Housing Program. Considering the specialized legal services delivered by MHA, as well as the level of responsiveness, staff believes the City has received a very good value over the past several years.

The City will utilize comprehensive and intensive legal services related to the Affordable Housing Program and Redevelopment Housing as we continue with the implementation and amendment of Ordinance 756.

Staff recommends the services of MHA be continued in an amount not to exceed $40,000 for the 2004/2005 fiscal year. This amount will allow the City to continue to use MHA’s legal services to assist staff with reviewing amendments to the Affordable Housing Program.

FISCAL IMPACT
Funding for these legal services is budgeted in the 2004/2005 fiscal year in Fund 510.

Attachments
Professional Services Agreement

AGREEMENT FOR LEGAL SERVICES

THIS AGREEMENT is entered into this 13th day of July, 2004, by and between the CITY OF BRENTWOOD, municipal corporation existing under the laws of the State of California, herein called “City,” and McDONOUGH HOLLAND & ALLEN PC, a California professional corporation, engaged in the practice of law in Sacramento, the East Bay and Yuba City within the State of California, herein called “Special Counsel.”
RECITALS
A. The City is involved in undertaking affordable housing activities pursuant to the City of Brentwood Affordable Housing Ordinance No. 756 adopted on September 9, 2003.
B. The City desires to engage Special Counsel to provide special legal services to the City as required in connection with its affordable housing activities.
AGREEMENT
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Scope of Services. Special Counsel shall perform legal services as may be required from time to time by the City and its officers in connection with its affordable housing activities, including, but not limited to: advice, consultation, legal research and opinions regarding housing activities and any actions and documents relating thereto. T. Brent Hawkins, a principal member of the firm of Special Counsel, shall be responsible for the performance of services hereunder and shall supervise any services performed by other members of Special Counsel’s firm. Litigation services are not included under this Agreement, and in the event the City desires to retain Special Counsel for litigation, a separate agreement shall be entered into.

It is understood that the City has General Counsel (the City Attorney) to render day to day and ongoing legal services and that Special Counsel shall coordinate its services hereunder with the City’s General Counsel to the extent required.
2. Time of Performance. The services of Special Counsel are to commence July 13, 2004 through June 30, 2005, and shall be undertaken and completed in such sequence as to assure their expeditious completion in light of the purposes of this Agreement.
3. Compensation, Reimbursement and Methods of Payment.
a. Compensation.
(1) Fee Basis. Fees shall be charged on an hourly basis for all legal services rendered.
(2) Amount of Fees. The hourly rate for services performed shall be the general client rates established by Special Counsel from time to time for its services. At the present time, these rates are $200 - $295 per hour for principal attorneys, $135 - $170 per hour for associate attorneys and $125 - $155 per hour for legal assistants. The current rate for T. Brent Hawkins is $235 per hour; David P. Cohen’s rate is $205 per hour. Special Counsel shall notify the executive officer of the City of any change in rates. The total amount of fees for the period July 13, 2004 through June 30, 2005, shall not exceed $40,000 unless approved in writing by City.
b. Reimbursement of Expenses. In addition to the compensation provided above, the City will reimburse Special Counsel for the following expenses:
(1) Necessary travel and subsistence expenses, in connection with the performance of Special Counsel’s services pursuant to this Agreement;
(2) Such printing and copying expenses, long distance telephone calls, telegrams and similar costs relating to legal services and

generally chargeable to a client; provided, however, such expenses shall not include normal office operating expenses. In lieu of itemizing such chargeable expenses, Special Counsel’s firm will add an administrative charge of 4 percent to monthly billings; and

(3) Extraordinary expenses, such as express mail, courier services, etc.
c. Methods of Payment.
(1) Monthly Statements. As a condition precedent to any payment to Special Counsel under this Agreement, Special Counsel shall submit monthly to the City a statement of account which clearly sets forth by dates the designated items of work for which the billing is submitted.
(2) Timing of Payment. The City shall review Special Counsel’s monthly statements and pay Special Counsel for services rendered and costs incurred hereunder, at the rates and in the amounts provided hereunder, within thirty days after the date of the monthly statement. Special Counsel will add a late charge of five percent (5%) of the fees and costs incurred during the period covered by the monthly statement if payment is not received within the time provided herein.
4. Employment of Other Counsel, Specialists or Experts. Special Counsel will not employ or otherwise incur an obligation to pay other counsel, specialists or experts for services in connection with this Agreement without prior written approval of the executive officer of the City.
5. Termination of Agreement and Legal Services. This Agreement and all legal services to be rendered hereunder may be terminated at any time by written notice from either party, with or without cause. In such event, all finished and unfinished documents, project data and reports shall become the property of the City and shall be delivered to the executive officer of the City. In the event of such termination, Special Counsel shall be paid for all satisfactory work, unless such termination is made for cause, in which event compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination. All reports and documents prepared by Special Counsel in connection with the performance of this
agreement are confidential until released by City to the public. Special Counsel shall not make any such documents or information available to any individual or organization not employed by Special Counsel or City without the written consent of Special Counsel before any such release.
6. Interest of Members of City. No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in
connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement.
7. Interest of City Officials. No member of the governing body of the City, and no other public official of the City who exercises any functions or responsibilities in the review or approval of the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement.
8. Interest of Special Counsel. Special Counsel (including principals, associates and professional employees) covenants that it does not now have any interest and shall not acquire any interest, direct or indirect, in the area covered by any project of the City to which this Agreement pertains or any parcels therein or any other interest which would conflict in any manner or degree with the performance of its services hereunder. Special Counsel further covenants that in the performance of its duties hereunder, no person having any such interest shall be employed.

9. Insurance. The Special Counsel shall provide and maintain:

a. Commercial General Liability Insurance, occurrence form,
with a limit of not less than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.

b. Automobile Liability Insurance, occurrence form, with a limit of not less than $500,000.00 each occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles.

c. General Provisions for all insurance. All insurance shall:
(1) Include the City, its elected and appointed officers, employees, and volunteers as additional insureds with respect to this Agreement and the performance of services in this Agreement. The coverage shall contain no special limitations on the scope of its protection to the above-designated insureds except for Workers Compensation and errors and omissions insurance.

(2) Be primary with respect to any insurance or self-insurance programs of City, its officers, employees, and volunteers.

(3) Be evidenced, prior to commencement of services, by properly executed policy endorsements in addition to a certificate of insurance.
(4) No changes in insurance may be made without the written approval of the City Attorney's Office.

10. Ownership of Documents All documents prepared by Special Counsel in the performance of this agreement, although instruments of professional service, are and shall be the property of CITY, whether the project for which they are made is executed or not. Use of the instruments of professional service by City for other than the project, is at CITY’S sole risk without legal liability or exposure to Special Counsel.

IN WITNESS WHEREOF, the City and Special Counsel have executed this Agreement as of the date first above written.

CITY BRENTWOOD

By:
John Stevenson,
City Manager

“CITY”

McDONOUGH HOLLAND & ALLEN PC
A Professional Corporation

By:
Jeffry Jones,
President and Managing Shareholder

“SPECIAL COUNSEL”

APPROVED AS TO FORM:

__________________________
Dennis Beougher,
City Attorney

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov