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Home My WebLink AboutC24380 Endeman, Lincoln, Turek & HEater LLP - Special Counsel Mobile Home Park Rent ControlContract No. C24380 CITY OF PALM DESERT COMMUNITY SERVICES DIVISION CITY CLERK OPERATIONS INTEROFFICE MEMORANDUM To: Honorable Mayor and Members of the City Council Carlos L. Ortega, City Manager From: City Clerk Date: October 13, 2005 Subject: Request for Approval of Agreement for Special Counsel Services The subject agreement is attached for your consideration and recommended approval as it relates to the upcoming required Kavanau hearing for Mobilehome Park Rent Control. As you will see by the attached, the City Attorney's Office has reviewed and recommends approval. rdk Attachment (as noted) F H kWPdata1WPD0CSMemos1Special counsel Svcs wpd Contract No. C24380 BEST BEST & KRIEGER LLP A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS IRVINE LAWYERS SACRAMENTO ((949) 263-2600 74-760 HIGHWAY I 1 1. SUITE 200 (916) 325-4000 - INDIAN WELLS. CALIFORNIA 92210 - ONTARIO (760) 568-261 1 SAN DIEGO (909) 989-8584 (760) 340-6698 FAX (619) 525-1300 - 1 BBKLAW COM - RIVERSIDE WALNUT CREEK (951) 686-1450 (925) 746-7300 DAVID J. ERWIN rJ (' i (760) 837- 1 607 0 -j DAVID ERWIN@BBKLAW COM 0 ' .- September 29. 2005 -• <. C:rl, V� is � zi to r~1 Rachelle Klassen 3 -4 O C City Clerk 'T1 City of Palm Desert rn DM 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Agreement for Special Counsel Services Dear Rachelle: Enclosed please find the Agreement for Special Counsel Services Between The City of Palm Desert and Endeman, Lincoln, Turek & Heater LLP. Please place on consent agenda for the next Council meeting with a note that we have reviewed and approved this in accordance with the required Karanau hearing coming up with regard to the Mobilehome Park Rent Control. If you have questions regarding this matter, please see me. Sinc y, David J. Erwin of BEST BEST & KRIEGER LLP DJE:alr encl. RMNIBOJEU59482.1 Contract No. C24380 AGREEMENT FOR SPECIAL COUNSEL SERVICES BETWEEN THE CITY OF PALM DESERT ENDEMAN, LINCOLN, TUREK & HEATER LLP This Agreement is entered into this day of , 2005, by and between the CITY OF PALM DESERT, California (hereinafter referred to as "CITY") and ENDEMAN, LINCOLN, TUREK & HEATER LLP, a law firm whose main offices are located at 600 B Street, Suite 2400, San Diego, California 92101 (hereinafter referred to as "SPECIAL COUNSEL"). WITNESSETH: WHEREAS, CITY has need for specialized legal services; and WHEREAS, SPECIAL COUNSEL has the training, experience and competence to perform the special legal services required by CITY; and WHEREAS, CITY has authority under state law to employ SPECIAL COUNSEL, the parties to this Agreement do hereby agree as follows: Section 1. DUTIES OF SPECIAL COUNSEL. SPECIAL COUNSEL shall provide legal services as requested by CITY. It is anticipated that these services will initially relate to providing consultation and legal advice in relation to the CITY's mobilehome park space rent review ordinance, including participation in rent hearings regarding an adjustment of space rents at Silver Spur Mobile Manor. Section 2. DUTIES OF CITY. CITY shall cooperate with SPECIAL COUNSEL in the performance of this Agreement and provide all information and assistance necessary. Section 3. CONSIDERATION - FEES. In consideration of the services rendered by SPECIAL COUNSEL, as herein specified, CITY agrees to pay, and SPECIAL COUNSEL agrees to accept in full payment therefor, compensation at the following hourly rates: Partners (e.g., Don Lincoln and Henry Heater) $300.00 per hour, and Senior Staff Attorney (e.g., Linda Reich) $275.00 per hour; Other Associates: $225.00 per hour; Paralegals: $150.00 per hour. C Oocummu and Settings\friddle\Locsl Settutgffemponry Internet Flles\OLK 12\Lincoln-Agreement wpd Contract No. C24380 Section 4. CONSIDERATION —COSTS. CITY shall also reimburse SPECIAL COUNSEL for its costs and expenses in connection with this representation. For example, in-house photocopying charges are reimbursed at the rate of 20 cents per page; outside copying services are reimbursed at their actual cost; in-house imaging services are reimbursed at the rate of 15 cents per page; all facsimile charges are reimbursed at $1 per page; long distance telephone, cellular phone and postage charges are reimbursed at actual cost; filing fees and other charges assessed by courts and other public agencies, delivery and messenger fees, court reporter's fees, jury fees, witness fees and parking are also reimbursed at their actual cost; mileage at the standard mileage rate permitted by the IRS for car expense deductions (2005 -- $.405/mile), and travel expenses (including air fare at coach rates, lodging, meals, and ground transportation); Federal/Postal Express charges and/or RUSH deliveries, charges for computer assisted legal research and consultant's and expert witness' fees. SPECIAL COUNSEL shall obtain CITY's consent before hiring consultants or expert witnesses. Section 5. BILLING. SPECIAL COUNSEL shall send CITY a statement for fees and costs incurred each month. These statements shall clearly state the basis thereof, including the amount, rate and basis for calculation (or other method of determination) of attorney's fees and costs. Payment is due within thirty (30) days of receipt of invoice. Section 6. PERSONNEL TO BE PROVIDED BY SPECIAL COUNSEL. It is anticipated that Donald R. Lincoln, Henry E. Heater and Linda B. Reich will be the primary attorneys providing the special counsel duties. Other members and employees of SPECIAL COUNSEL will be used on an "as needed" basis. SPECIAL COUNSEL shall be sensitive to CITY's budget constraints, and will make every reasonable effort to minimize expense by assigning activities, where appropriate, to more junior attorneys or paralegals, for billing at lower rates. Section 7. SPECIAL COUNSEL'S PROFESSIONAL LIABILITY INSURANCE. SPECIAL COUNSEL currently has in place professional liability insurance with coverage in excess of $ 1,000,000 per claim. This policy is renewed annually. SPECIAL COUNSEL further agrees to inform CITY if at any time said coverage drops below $ 1,000,000 per claim. Section 8. AMENDMENT. This Agreement may be amended by a writing executed by both parties. Section 9. EFFECTIVE DATE. This Agreement shall be effective as of the date of approval by the CITY. C Documents and SetttngslfnddleU.ocal SetttngstTempormy Internet RestOLK 121LtnwLt-A1FZWnt wpd Contract No. C24380 Section 10. CANCELLATION OF AGREEMENT. CITY may terminate this Agreement at any time on written notice to SPECIAL COUNSEL. SPECIAL COUNSEL may terminate their agreement upon written notice should CITY fail to pay or authorize payment of fees or costs incurred by SPECIAL COUNSEL on behalf of CITY, fail to cooperate in representation, or refuse to follow SPECIAL COUNSEL's advice. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be signed in their behalf by their duly authorized representatives on the day and year written below. CITY OF PALM DESERT DATED: By: ENDEMAN, LINCOLN, TUREK & HEATER LLP DATED: By: Donald R. Lincoln APPROVED AS TO FORM: City Attorney City of Palm Desert C \Documents and SettingsVhdd1eUoca1 SettmgstTemporary Internet FiWOLK12U.mcoln Agi? ent wpd