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HomeMy WebLinkAboutReso 95-003 - Approve & Authorize CM to sign letter of engagement for legal services between COR & De Cuir & Somach, for providing General Legal Assistance RESOLUTION NO. S�'3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN THE LETTER OF ENGAGEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF REDDING AND DE CUIR & SOMACH, FOR PROVIDING GENERAL LEGAL ASSISTANCE, NOT TO EXCEED $50,000. BE IT RESOLVED by the City Council of the City of Redding as follows: 1. That the City Council of the City of Redding hereby approves the attached Letter of Engagement for Legal Services (hereinafter "Letter of Engagement" ) with the law firm of De Cuir & Somach for providing general legal assistance related to municipal electric utilities, in an amount not to exceed $50, 000; and 2. That the City Manager of the City of Redding is hereby authorized and directed to sign said Agreement on behalf of the City of Redding, and the City Clerk is hereby authorized and directed to attest the signature of the City Manager and to impress the official seal of the City of Redding on the aforesaid Agreement, when appropriate. 3. That a true copy of said Agreement is attached hereto and incorporated herein by reference. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 3rd day of January 1995, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: P. Anderson, Kehoe, McGeorge and R. Anderson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Murray �J v BERT C. ANDERSON, Mayor City of Redding ATTEST: FORM •APPROVED: t Ce&a�iONNIE STR 41LE14. 1y Clerk DOU�EGLALSI'W&1)J. CALK NS AssistaCity Attorney DE CUIR & SOMACH DENNIS W. DE CUIR A PROFESSIONAL CORPORATION PAUL S. SIMMONS STUART L.SOMACH SANDRA K. DUNN ATTORNEYS AT LAW WILLIAM E. HVIDSTEN 400 CAPITOL MALL DONALD B. MOONEY SUITE 1900 DONALD B.GILBERT ELIZABETH W.JOHNSON SACRAMENTO,CA 95814-4407 ANDREW M.HITCHINGS TELEPHONE(916)446-7979 DAVID S.KAPLAN FACSIMILE(916)446-8199 OF COUNSEL December 27, 1994 Sam McMurray City Manager City Hall,760 Parkview Avenue Redding, CA 96001 Attention: L. S. Lindley Subject: Letter of Engagement for Legal Services to Electric Department. Dear Mr. McMurray: This letter is intended to confirm the terms of De Cuir& Somach's retention by the City of Redding for our services as special counsel for the legal services requested by the Electric Department. Our services are expected to involve matters of California law relating particularly to municipal electric utilities. In performing services, we will keep the Office of the City Attorney informed. We bill monthly. Our time is recorded in tenths of an hour. Our statements will show the subject to which we have devoted time with detailed descriptions. We employ individual billing rates which range downward from $190 an hour for senior attorneys to $90 an hour for new associates. My rate is $190 an hour. I will be primarily responsible for the provision of our firm's services to the City of Redding. The enclosed Schedule of Rates sets out our fees for all of our professionals. We pass through mileage at the IRS reimbursement rate and we bill for other necessary expenses at cost. An administrative charge, four percent of fees, is added to cover long distance telephone, facsimile, ordinary reproduction charges, and other similar offices expenses. We expect payment of our invoices in 30 days. For late payments we may require an interest charge of one percent over our borrowing rate, which is based on the reference rate of Union Bank. You may discharge us at will, and we may withdraw upon such reasonable notice as may allow the City to seek other counsel. Sam McMurray December 27, 19942 Page 2 We are very pleased and privileged to be able to serve. If this letter of engagement is acceptable, please sign below, keep one original for your file and mail one back to me. Very truly yours, DE CUIR& SOMACH A Professional Corporation By , Dennis W. De Cuir DWD:del Enclosure CITY OF REDDING By Date: , 1994 Its J DE CUIR & SOMACH A Professional Corporation Attorneys at Law 400 Capitol Mall, Suite 1900 Sacramento, CA 95814-4407 Telephone: (916) 446-7979 Facsimile: (916) 446-8199 SCHEDULE OF RATES Attorney Public Pur ose Dennis W. De Cuir $190.00 Stuart L. Somach 190.00 Paul S. Simmons 170.00 Sandra K. Dunn 170.00 William E. Hvidsten 165.00 Donald B. Mooney 110.00 Donald B. Gilbert 110.00 Elizabeth W. Johnson 95.00 David S. Kaplan 180.00 Elizabeth Spence (Legal Analyst) 55.00 Secretarial Overtime 30.00 NOTE: The Schedule of Rates will be reviewed and may be modified on an annual basis. Rates for new attorneys will be forwarded to the client within a reasonable time after the new attorney begins work under this contract. An administrative charge of 4% will be added to fees, and all out-of-pocket costs and expenses will be billed to clients at our cost. An interest charge will be added to all bills which are unpaid for in excess of 30 days.