woodruff spradlin & smart

8/6/2019 Woodruff Spradlin & Smart

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AMENDMENTTOEXHIBITAOAGREEMENTFORCITYATTORNEYSERVICES

ThisAmendment toExhibitAfanAgreement for City Attorney Services originallydated November 20 1995 between the City ofTustinCtyamunicipal corporation andWoodruff Spradlin Smartarofessional CorporationWSS

RECITALS

A TheCity Council ofCity approved aate adjustment for city attorney services onMay 6 2008 with the intent that such rates will go into effect onJuly 1 2008 and will beadjusted every July 1 thereafter for costof livingnot toexceed5n anyyear

NOW THEREFORE the City andWSSagree that ExhibitAhall be amended toread asprovided in AttachmentAo this Amendment and that exept asexpressly provided inthis amendment the provisions ofthe Agreement for City Attorney Services shall remain in fullforceand effect

CITYOF TUSTIN

7Dated S j BJe Am e yor

WOODRUFFSPRADLIN SMART

ByIS Ken Smart ManagingDr forDated l

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RESOLUTIONNO052ARESOLUTIONOF THECITYCOUNCIL OF THECITYOFTUSTIN CALIFORNIA APPROVING AMENDED EXHIBITAO THE RETAINER AGREEMENT FOR CITYATTORNEYSERVICES

WHEREAS by Resoution No955dopted onNovember 20 1995 the CityCouncil authorized the execution of a retainer agreement with Rourke WoodruffhereinafterWoodruff Spradlin Smart far city attorney services andWHEREAS that agreement provides that ExhibitAhich contains WoodruffSpradlin Smarts hourly rates may be changed from time to time without othervvise

amending the agreement by a resoution adopted by the City Council andWHEREAS the City Council desires toapproveanamended ExhibitAffective

July 12005NOW THEREFORE THE CITY COUNCIL OF THE CITY OF TUSTIN

CALIFORNIA finds determinesand ordersasfollowsThat amended ExhibitAttached hereto to the Retainer Agreement for CityAttorney Services is hereby approved and effectiveasofJuly 1 2005PASSEDANDADOPTEDataregular meeting of the City Council of the City of

Tustinheldonhe 5th day ofJuly 2005

LOUBONEMayor

ATTEST

PAMESASTOKERCityCerk

ResoutionNo052Page 1 of3


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STATEOF CALIFORNIACOUNTYOF ORANGE SSCITYOF TUSTIN

IPamela Stoker City Cerk andexficoCerk oftheCity Council of the City ofTustinCalifornia dohereby certify that the whoe numberofthe members ofthe City Councilofthe City ofTustin is five that the above and foregoing Resoution No052asdulypassed and adopted at a regular meeting of the Tustin CityCouncil heldonthe5day ofJuly 2005 by the following voteCOUNCILMEMBERAYES EoxE DAVERT AMANTe HAGEN KAWASHIMA sCOUNCILMEMBERNOES NoxE oCOUNCILMEMBERABSTAINED NONE roCOUNCILMEMBERABSENT xoNe o

PAMELA STOKERCity Cerk

ResoutionNoOS82Page 3of3


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EXHIBITACITYOF TUSTINRATESCHEDULE75

Hourly Rates for Legal Personnel Transactional and LitigationParalegalsAssocaesatnes 1000017400

Billing IncrementWe bill in increments ofoneenhfanhour sixminutes

Costsand ExpensesInfficephotocopyingMileage05er page only after 25 pagesMaximum amount approved by IRSoutofCounty travel only

Excludes secretarial functions performed by paralegals

ResoutionNo052Page 2of3


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RESOLUTIONNO0342

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A RESOLUTIONOF THECITYCOUNCILOF THE CITYOFTUSTIN CALIFORNIA APPROVINGAMENDEDEXHIBITATO THE RETAINER AGREEMENT FORCITY ATTORNEYSERVICES

WHEREAS by Resoution No955dopted onNovember 20 1995 the CityCouncil authorized the execution of a retainer agreement with Rourke WoodruffhereinafterWoodruff Spradlin Smart forcity attorney services andWHEREAS that agreement provides that ExhibitAhich contains WoodruffSpradlin Smartsourly rates may be changed from time to time without otherwise

amending the agreement by a resoution adopted by the CityCouncil andWHEREAS theCity Council desirestoapproveanamendedExhibitAffectiveJuly1 2003NOW THEREFORETHECITYCOUNCILOFTHECITYOFTUSTIN CALIFORNIA

finds determines and orders asfollowsThat amended ExhibitAttached hereto to the RetainerAgreement for City Attorney Services is hereby approved andeffectiveas of July 1 2003PPSEDANDADOPTEDat a regular meeting oftheCityCouncil oftheCityofTustinonthe 19 day ofMay 2003

1CJ WTRA I LS W EYMAYOR

ATTEST

PACELACITYCLERK

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STATE OFCALIFORNIACOUNTYOFORANGECITYOF TUSTIN

RESOLUTIONNO034Pamela Stoker City Cerk andexficoCerk of the City Council of the City ofTustinCalifornia does hereby certiffyy that thewhole numberofthemembersofthe City Council oftheCityofTustin is five thattboveand foregoirqesoutionwas passed and adoptedataregular meeting oftheCity Council heldonhe 19 dayofMay 2003 bythe following voteCOUNCILMEMBERAYES woRLEY KAWASHIMA BONE DAVERT TxoNAsCOUNCILMEMBERNOES NONECOUNCILMEMBERABSTAINED NONECOUNCILMEMBERABSENT NONEFN f E L A TOKCity Cerk

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EXHIBITACITYOFTUSTINRATESCHEDULE73

Hourlv Rates for Legal Personnel Transactional and LitigationParalegals 900Associates 16100Partners 16100

Billing IncrementWe bill in increments ofoneenhfanhour sixminutes

Costs and ExaensesInfficehotocopying 05erpage onl after 25 pagesMileage Maximum amount approved by IRSout of County travel only



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RESOLUTIONNO9g3ARESOLUTIONOF THECITYCOUNCIL OF THECITYOFTUSTIN CALIFORNIA APPROVINGAMENDEDEXHIBITATO THE RETAINER AGREEMENT FORCITY ATTORNEYSERVICES

WHEREAS by Resoution No955dopted onNovember 29 1995 the CCouncil authorized the execution of a retainer agreement with Rourke WoodthereinafterWoodruff Spradlin Smart for city attorney services andWHEREAS that agreement provides that ExhibitAhich contains Woodr

Spradlin Smartsourly rates may be changed from time to time without otherwiamending the agreement by a resolution adopted by theCity Council andWHEREAS the City Council desires toapproveanamended ExhibitAffecti

September1999NOWTHEREFORETHE CITYCOUNCILOFTHE CITYOFTUSTIN CALIFORNfinds determines and ordersasfollows

That amended ExhibitAttached hereto to the RetainerAgreement for City Attorney Services ishereby approved andeffectiveasofSeptember1999

PASSEDANDADOPTEDat a regular meetingoftheCity Council oftheCity ofTusonthe dayof 1999 WTRACYWO EYMAYOR

ATTEST

AMELASTOKERLTYCLERK

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RESOLUTIONCERTIFICATION

STATE OFCALIFORNIACOUNTY OF ORANGE ssCITY OF TUSTINRESOLUTIONN0993Pamela Stoker City Cerk andexfficoCerk of the City Council of the Ct of TustinCalifornia does hereby certify that the whoe number of the members of the Ct Council ifive that the above and foregoing resoution waspassed and adopted at a regular meetin othe City Council held onthe 2nd day ofAugus999y thefolown oteCOUNCILMEMBER AYES Worley Thomas Do le Potts SaltareliiYCOUNCILMEMBER NOES NoneCOUNCILMEMBER ABSTAINED NoneCOUNCILMEMBER ABSENT None

ela Stoker CityCerk


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EXHIBITACITYOFTUSTINRATESCHEDULE99

Hourly Rates for Legal Personnel Transactional and LitigationParalegals 800Associates 13500Partners 14500

Billing IncrementWe bill in increments ofoneenhofanhour sixminutes

Costs and Expenseslnfficehotocopying 05er pageofter 25 pagesMileage 01er mile bout ofCounty travel


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RETAINERAGREEMENTFORCITYATTORNEYSERVICES

THISAGREEMENT ismade and entered i toasofthe day of 1995by and between the CITY OFTUSTIN a municipal corporation hereinafter theCty andROURKE WOODRUFF SPRADLIN a professional corporation hereinafter theAttorneys

NOVU THEREFORE in consideration of the mutual promises and covenantscontainedherein the parties agreeasfolows

AGREEMENT1 RetentionofAttorneysThe City hereby retains and employsAttorneys toprovide legal services required

tobeperformed by the City Attorneyofthe CityofTustin and the AgencyCounsel totheTustinCommunity Redevelopment AgencyAgency In this regard LoisEJeffrey isdesignatedasCity Attorneyfor theCityofTustin andAgency Counsel totheAgency Shewill perform the services ofCityAttorney and AgencyCounsel assisted by other attorneysin the firmofAttorneys someofwhammay from time totime be designated by the CityCouncil asAssistant and Deputy CityAttorneys

2 Scope ofDutiesThe City retains and employs the Attorneys toprovide legal services required in

connectionwithCtysperationasa general lawCity The legal services tobe performedfor the City shall include those generally understood tobewithin the field ofmunicipal lawincluding redevelopment law Attorneys shall provide those legal services reasonablyrequired toadvise and represent theCityand shall take reasonablesteps tokeep the City

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A 1informed of the progress of the representation and to respond to the inquiries ofCityCouncil members and City staff regarding the status ofmatters forwhichAttorneys arerepresenting the Cityorwhereadvice has been sought

A It is understood that the legal services shall include butarenot limitedtothe followingihe preparationofordinances resolutions orders agreements

forms notices declarations certificates and other documentsii Attendance at all meetings ofthe CityCouncil the Agency thePlanning Commission and attending all other meetings of City boardscommissions and committees when sorequested by the CityCouncil ortheCity Manageriii Rendering legal advice and opinions concerning legal matters

that affect the CityorAgency including newlegislation and court decisionsvepresenting the City inlitigation involving the City orAgencyincluding both prosecution and defense andv Providing all other legal services requiredasCityAttorneyorAgencyCounselB The legal services to be performed by Attorneys pursuant to this

Agreement shall not include serving asbond counsel for municipal financingmatters

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C Through the CityManager the City shall cooperate withAttorneys andkeep Attorneys informed ofdevelopments that pertain toAttorneys representationofthe City and providing services pursuant tothis Agreement3 Fees Costs and Expenses

A Effective the first day of the month following execution of thisAgreement ascompensation for services rendered pursuant tothisAgreement Cityagrees topayAttorneys at the hourly rates set forth onExhibitAttached heretoand incorporatedherein by this reference ExhibitAmay be changed from timetotimewithout otherwise amending thisAgreement by a Resoution adopted by theCity Council at a regular meeting The work described onExhibitAsTransactional includes all work described in Section 2A

iii and v7 of thisAgreement except litigation Litigation includes the representation of the CityorAgency in administrative arevidentiary hearings involving personnel matters orbefore another agency ortribunal advice onclaims requiring legal research andlorreview of extensive documentation court appearances oncitations motions toquash and Pitchessmotions and representation of the City orAgency in state andfederal courts

B City agrees topay the followingouoockecosts and expensesassociatedwithAttorneysworkpursuant tothisAgreement messenger deliveriescopying in excessof25pages ongistanceelephone calls process servers feesfiling fees fixed by law orassessed by the courts and other agencies computerassisted researchofFederal cases Federal statutes and regulations deposition and

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other court reporting fees jury fees witness fees costs toobtain copies ofdocuments in litigation andother litigaioneaedostsand expensesasmayberequired toadequately represent CityorAgency suchastransportation mileagemeals and lodging associated withouoowndepositionsorappearances

C Toaid inthe preparation orpresentation of litigation it may becomenecessary tohire expert witnesses consultants or investigators Attorneys willselect any expert witnesses consultants or investigators tobe hired but shallreceiveCity Council orCityManager approval of the fees and charges prior toanysuch engagement4 Saemensffa skngAttorneys shall prepare and present detailed monthly statements for services

rendered totheCity for the month preceding the statement indicating each discrete taskperformed by Attorneys City shall pay the statements upon presentation orwithin areasonable time thereafter

5 Dschargeand 1NthdrawalA Attorneys shall seveunder the terms of this Agreement at the

pleasure of the City Council and the City Council hereby reseves the right toterminate this Agreement upon providing sixty 60 days written notice to theAttorneys

B Attorneys resevethe right toterminate this Agreement at any timeAttorneys deem it necessaryoradvisable todosoupon providing sixty 60 dayswritten notice toCity

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C When Attorneys services areterminated all unpaid charges shallbecome immediately due and payable6 EntireAgreementThisAgreement contains the entire agreement and understanding of the parties with

respect tothe subject matter hereof and contains all covenants and agreements betweenthe parties with respect tosuch matter

IN WITNESSWHEREOF the parties heretohaveexecuted thisAgreement asofthe date indicated in the preamble tothisAgreement

CtyCITYOFTUSTIN

ATTEST

CityCerk

By

ByMAYO

AttorneysROURKEWOODRUFF SPRADLINKEINARDRSMARTManaging Partner11000012 516907 1


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EXHI6ITJlCITY OF TUSTIN RATE SCHEDULE115HHvates for Legal Personnel

TransactionalPartners 12000Associates 12000Paralegals 150Bnqncremen

We bi 11 in increments ofoneenhf an hour sixminutesL itigart1400013000150

Costs andExpeInficephotocopying 05per page only ate 25 pagesMileage 05per mile out ofCounty travel

This is a speci al blended and discounted raeforboth partners and assocaesExcudes secearia functions performed by paralegals

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