f

AMENDMENT TO EXHIBIT A TO AGREEMENT FOR CITY ATTORNEY SERVICES This Amendment to Exhibit A of
an

Agreement
of Tustin

for

City Attorney Services originally

and

20 1995 Woodruff Spradlin Smart

dated November

between the

City a municipal corporation a Professional S Corporation WS

City
RECITALS

The

City

Council of

City approved

rate

adjustment

for

May 6 2008 with adjusted every July

the intent that such rates will go into effect on 1 thereafter for cost of living not to exceed 5 in any year the

city attorney services July 1 2008 and will

on

be

and WS agree that Exhibit A shall be amended to S read as provided in Attachment A to this Amendment and that exept as expressly provided in this amendment the provisions of the Agreement for City Attorney Services shall remain in full

NOW THEREFORE

City

force and effect CITY OF TUSTIN

7
Dated

B Je Am
e

yor

WOODRUFF

SPRADLIN

SMART

By
Dated

IS
l

Ken

Smart Managing

Dir

for

Page
2 507661

1 of 3

EXHIBIT A

Professional

hourly billing

rates

are

STAFFING LEVEL Associates and Directors

HOURLY RATE

00 195 00 110

Paralegals

July 1 2009 in an amount equal to the CPI Consumer Price Index All Urban Consumers All Items for the Los Riverside Anaheim Angeles Metropolitan Area published by the United States Department of 100 for the previous year Labor Bureau ofLabor Statistics 1982 84
The amounts

provided

above shall be

adjusted annually commencing

on

Billing

Increment One of an hour tenth

Costs and

Expenses

Cost Item office Inphotocopying

Charge
25 0 per page

Allowed after 25

only

pages
IRS

Paralegals

Maximum amount

approved by only

out of County

travel

1 E
2 507661

RESOLUTION NO 05 82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TUSTIN CALIFORNIA APPROVING AMENDED

A TO

EXHIBIT CITY

THE

RETAINER

AGREEMENT

FOR

ATTORNEY SERVICES

WHEREAS by Resolution No 95 adopted on November 20 1995 the City Council authorized the execution of a retainer agreement with Rourke Woodruff hereinafter Woodruff Spradlin Smart far city attorney services and

WHEREAS that agreement provides that Exhibit A which contains Woodruff s Smart hourly rates may be changed from time to time without othervvise Spradlin amending the agreement by a resolution adopted by the City Council and
WHEREAS the City Council desires to approve
an

amended Exhibit A effective

July 1

2005

NOW THEREFORE THE CALIFORNIA finds determines and

That amended Exhibit

CITY orders

COUNCIL
as

OF

THE

CITY

OF

TUSTIN

follows Retainer
as

Attorney Services

is

A attached hereto to the hereby approved and effective

a

Agreement of July 1 2005 City

for

City

PASSED AND ADOPTED at Tustin held

on

regular meeting

of the

Council of the

City

of

the 5th

day

of July 2005

LOU BONE

Mayor

ATTEST

PAM SA STOKER E
City Clerk

Resolution No 05 82

Page

1 of 3

STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN SS

officio I Pamela Stoker City Clerk and ex Clerk of the City Council of the City of Tustin California do hereby certify that the whole number of the members of the City Council of 82 the City of Tustin is five that the above and foregoing Resolution No 05 was duly

passed and adopted at a regular meeting July 2005 by the following vote
COUNCILMEMBERAYES COUNCILMEMBER NOES COUNCILMEMBERABSTAINED COUNCILMEMBERABSENT

of the Tustin

City Council

held

on

the

5 day

of

EoxE DAVERT
NoxE NONE xoNe

AMANTe

HAGEN KAWASHIMA

s o
roi

PAMELA STOKER Clerk

City

82 Resolution No OS

Page 3 of 3

EXHIBIT A CITY OF TUSTIN RATE SCHEDULE

05 7

Hourly

Rates for

Legal

Personnel

Transactional

and

Litigation

Paralegals
Partners Associates

00 100 00 174

Billing
We bill in increments of one of an hour tenth

Increment

six minutes

Costs and office Inphotocopying

Expenses
pages
IRS

25 0

per page

only

after 25

Mileage

Maximum amount

approved by

out

of County travel

only

Excludes secretarial functions

performed by paralegals

82 Resolution No 05

Page 2 of 3

74 RESOLUTION NO 03 2

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

APPROVING AMENDED EXHIBIT A TO THE RETAINER AGREEMENT FOR CITY ATTORNEY SERVICES

TUSTIN CALIFORNIA

WHEREAS by Resolution
Council
6 7 authorized

the execution

hereinafter Woodruff Spradlin

WHEREAS
that

No 95 adopted on November 20 1995 the City of a retainer agreement with Rourke Woodruff for city attorney services and Smart

Spradlin amending
1
10 2003

s Smart the

agreement provides that Exhibit A which contains Woodruff hourly rates may be changed from time to time without otherwise agreement by a resolution adopted by the City Council and
the

WHEREAS

City Council

desires to approve an amended Exhibit A effective July

NOW THEREFORE
11 12

finds

determines and orders That amended Agreement for

THE CITY COUNCIL OF THE CITY OF as follows Exhibit

TUSTIN CALIFORNIA

13
14

effective

as

A attached hereto to the Retainer City Attorney Services is hereby approved and of July 1 2003

15
16 17 18

on

SSED AND 2003 PPof ADOPTED at a regular meeting of the City Council of the City of Tustin the 19
day May
CJ

1
I LS W

TRA

EY MAYOR

ATTEST 19 20 IELA PAIC S 21 22

CITY CLERK

23
24 25

26

2
3

STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN

74 RESOLUTION NO 03

6i
7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

City of Tustin City Council of Resolution was passed and adopted at q foregoir a regular meeting of the City Council held on the 19 day of May 2003 by the following vote California the City of Tustin is five that t e above and
COUNCILMEMBER AYES COUNCILMEMBER NOES COUNCILMEMBER ABSTAINED COUNCILMEMBER ABSENT
woRLEY KAWASHIMA
NONE NONE NONE BONE

Pamela

Stoker City

Clerk and ex Clerk of the City Council of the officio does hereby certiffyy that the whole number of the members of the

DAVERT

TxoNAs

ANfELA F
City

TOK

Clerk

23
24 25

26

EXHIBIT A

CITY OF TUSTIN RATE SCHEDULE

03 7

Hourlv Rates for Legal Personnel

Transactional 00 90 00 161 00 161

and

Litigation

Paralegals
Associates Partners

Billing Increment
We bill in increments of one of an hour tenth

six minutes

Costs and Exaenses

office In photocopying

25 0 per

Mileage

page onl after 25 pages Maximum amount approved by IRS

out of County

travel

only

Excludes secretarial functions

performed by paralegals

RESOLUTION NO

b3 9g

2
3 4

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA APPROVING AMENDED EXHIBIT A TO THE RETAINER AGREEMENT FOR CITY ATTORNEY

SERVICES

5 6
7 8 9 1Q 11 12 13 14 15 16 1l 18
on

WHEREAS by Resolution No 95 adopted

Council

authorized the execution of

thereinafter Woodruff Spradlin

WHEREAS
that s Smart

Smart

on November 29 1995 the City retainer agreement with Rourke Woodruff for city attorney services and

agreement provides that Exhibit A which contains Woodruff hourly rates may be changed from time to time without otherwise Spradlin the agreement by a resolution adopted by the City Council and amending
WHEREAS the City 1999 September 1
Council desires to approve
an

amended Exhibit A effective

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA determines and orders as follows finds
That amended Exhibit A attached hereto to the Retainer Agreement for City Attorney Services is hereby approved and effective as of September 1 1999

the

PASSED AND ADOPTED at 1999 day of

regular meeting of the City Council of the City of Tustin

TRACY WO

EY MAYOR

ATTEST 19

20
2

LTY

AMELA STOKER CLERK

23 24 25 26

10764811

RESOLUTION CERTIFICATION

STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN RESOLUTION N0 99 63

ss

officio Stoker City Clerk and ex Clerk of the City Council of the City of Tustin California does hereby certify that the whole number of the members of the CitY Council is five that the above and foregoing resolution was passed and adopted at a regular meetin g of the City Council held on the 2nd day of August by the follow vote ng 1999

Pamela

COUNCILMEMBER AYES COUNCILMEMBER NOES

Worley Thomas
None None None

Do Y le Potts Saltarelii

COUNCILMEMBER ABSTAINED
COUNCILMEMBER ABSENT

ela

Stoker City Clerk

EXHIBIT A

CITY OF TUSTIN RATE SCHEDULE

99 9

Hourly

Rates for

Legal Personnel

Transactional and

Litigation

Paralegals
Associates Partners

00 80 00 135 00 145

Billing

Increment

We bill in increments of one of tenth

an

hour six

minutes

Costs and

Expenses photocopying
25 0 per page o after 25 pages 31 0 per mile bout of County travel

office ln

Mileage

Excludes secretarial functions

performed by paralegals

10761411

t
q c

RETAINER AGREEMENT FOR CITY ATTORNEY SERVICES

THIS AGREEMENT is made and entered in to

as

of the

day

of the

1995

by

and between the CITY OF TUSTIN

municipal corporation hereinafter

a

City

and the

ROURKE WOODRUFF

SPRADLIN

professional corporation hereinafter

Attorneys NOVU THEREFORE in consideration

contained of the mutual

promises

and covenants

herein

the

parties

agree

as

follows

AGREEMENT
1 Retention of Attorneys

The
to be

City hereby retains

the

and

employs Attorneys

to

provide legal
and the

services

required
to the is

performed by

City Attorney of the City of Tustin

Agency Counsel
Lois E

Tustin

Community Redevelopment Agency Agency In

as

this

regard

Jeffrey

designated
will

City Attorney for

the

City of Tustin

and

Agency Counsel

to the

Agency She
attorneys
the

perform

the services of

City Attorney and Agency Counsel

of wham may from time to

assisted be

by

other

in the firm of Attorneys

some

time

designated by

City

Council
2

as

Assistant and

Deputy City Attorneys

Scope

of Duties

The

City retains

and

employs
as a

the

Attorneys
law

to

provide legal legal

services

required

in

connection with for the

s City operation
those law

general

City

The

services to be

performed
law

City shall include

generally

understood to be within the field of municipal shall

including redevelopment required

to advise and

Attorneys
the

provide

those

legal

services to

reasonably

represent

City and

shall take reasonable

steps

keep the City

A
l

1
1

informed of the progress of the Council members and

representation and regarding

to

respond

to the

inquiries

of

City
are

City

staff

the status of matters for which

Attorneys

representing

the A

City or

where advice has been

sought
services shall

It is understood that the

legal

include

but

are

not limited

to

the

following i
The

preparation

of

ordinances resolutions orders agreements

and other

forms notices declarations certificates

documents
the of

ii

Attendance at all and

meetings

of the

City Council meetings

the

Agency

the

Planning Commission
commissions

attending
so

all other

City boards
or

and committees when

requested by

City Council

the

City Manager iii

that affect the

Rendering legal advice

and

opinions concerning legal legislation

and court the

matters

City or Agency including Representing

the

new

decisions

v including v

City in litigation involving

and

City

or

Agency

both

prosecution and defense

all other

Providing

legal

services

required

as

City Attorney

or

Agency Counsel
B The

legal

services to be

performed by Attorneys pursuant

as

to this

Agreement shall
matters

not include

serving

bond counsel for

municipal financing

oaa12 oo

16907 1

Through the City Manager the City shall cooperate

of

with

Attorneys

and

keep Attorneys informed

of the
3

developments

that

pertain

to

Attorneys representation

City and providing

Fees Costs and
A

services

pursuant to this Agreement

Expenses day
of the month

Effective the first

as

following

execution of this

Agreement

compensation

for services rendered rates set forth

pursuant
on

to this

Agreement City
hereto

agrees to pay Attorneys at the

and

hourly

Exhibit

A attached

incorporated herein by

this reference this

Exhibit A may be
a

changed

from time

to time without otherwise

amending

Agreement by

Resolution

adopted by
Exhibit A
and

the

City Council

at

regular meeting

The work described

on

as

Transactional includes all work described in Section 2A

iii i

v7

of this

Agreement except litigation Litigation Agency

in administrative
ar

includes the

representation

of the

City or
or

evidentiary hearings involving personnel

on

matters

before another agency

or

tribunal advice

claims

requiring legal
on

research andlor motions to in state and

review of extensive documentation court appearances

citations

quash and

Pitchess

motions and representation

of the

City

or

Agency

federal courts B to pay the work

City agrees Attorneys

following out pocket of

costs and expenses

associated with

pursuant to this Agreement

messenger

deliveries

copying filing

in excess of 25 pages

distance long telephone calls process servers fees by

the courts and other

fees fixed

by law

or

assessed

agencies computer
and

assisted research of Federal cases Federal statutes and

regulations deposition

00012 1100 16907 1

r
r

other court

reporting fees jury fees witness fees litigation

and other

costs to obtain

copies
as

of

documents in

related litigation
or

costs and expenses

as

maybe

required

to

adequately represent City lodging

Agency

such

transportation mileage
or

meals and

associated with out depositions town of

appearances
it may become will

To aid in the

preparation

or

presentation
or

of

litigation

necessary to hire
select any receive such

expert witnesses

consultants

investigators Attorneys
to be

expert witnesses consultants

or

or

investigators

hired

but shall

City Council

City Manager approval

of the fees and

charges prior

to any

engagement
Billing ask Statementsff
statements for services each discrete task within

Attorneys shall prepare and present detailed monthly

rendered to the

City for

the month

preceding

the

statement indicating

performed by Attorneys

City shall pay

the statements upon

presentation

or

reasonable time thereafter

5

Discharge and 1Nithdrawal

A

Attorneys shall
the

serve

under the terms of this

Agreement
the

at the

pleasure of

City Council

and the

City Council hereby

reserves

right

to

terminate this

Agreement upon providing sixty 60 days

written notice to the

Attorneys
B

Attorneys

reserve

the

right

to terminate this

Agreement

at any time

Attorneys

deem it necessary

or

advisable to do

so

upon

providing sixty 60 days

written notice to

City

00012 1100 16907 1

C
become

When

Attorneys services
due and

are

terminated

all

unpaid charges

shall

immediately

payable

6
This

Entire Agreement

Agreement contains subject

matter

the entire

agreement

and

understanding

of the

parties

with

respect
the

to the

hereof

and contains all covenants and

agreements

between

parties with respect

IN WITNESS

to such matter the hereto have executed this of

WHEREOF

parties

Agreement

as

the date indicated in the

preamble

to this

Agreement

City
CITY OF TUSTIN

By
MAYO ATTEST

City Clerk

Attorneys
ROURKE WOODRUFF
SPRADLIN

By

RINARD KE
Managing
00012 1100 16907 1

SMART

Partner

EXH I 6 IT J l CITY OF TUSTIN RATE SCHEDULE

95 11

v HH

Rates for Legal

Personnel Transactional

L itigar t
00 140 00 130
00 15

Partners Associates

00 120 00 120
00 15

Paralegals Increment Billinq

We bi 11 i
n

tenth increments of one of

an

hour

six

minutes

Costs

and Expe
office In photocopying 25 0 per page 25 0 per mile

Mileage
Thi
s

only after 25 pages out of County travel

partners
and associates

is

speci al

blended and discounted rate for both

Excl udes secretarial functions

performed by paralegals