TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER
SUBJECT
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Amendment to Professional Services Agreement with Aleshire & Wynder, LLP.
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RECOMMENDATION
Adopt Resolution No. 2024-042 and approve a third amendment to the City of Chino's agreement with Aleshire & Wynder, LLP adding hourly rates for services specific to Watermaster legal services and amendments to personnel assignment guidelines.
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FISCAL IMPACT
Sufficient funds have been included in the FY 2024-25 budget.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES
The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Financial Stability
• Responsible Long-Range Planning
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Revenue: Click or tap here to enter text. |
Expenditure: 5207300-43500 |
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BACKGROUND
The City of Chino requires specialized legal services for Watermaster matters to include advice and litigation support regarding the Judgment by the Chino Basin Water Master and subsidiary entities. This service is currently provided by Jimmy L. Gutierrez, A Law Corporation, who is retiring. For other legal services, the City currently has a contracted City Attorney, Fred Galante, through the firm Aleshire & Wynder, LLP (A&W).
ISSUES/ANALYSIS
The proposed third amendment with A&W is to allow for the specialized Watermaster legal services for which one of the firm’s equity partners, Keith Lemieux, has expertise in these matters and will be engaged to assist.
The Watermaster legal services include advice and litigation regarding implementation of the Judgment by the Chino Basin Water Master and subsidiary entities. The proposed amendment adopts the following rates for the Watermaster legal services only, with all other rates and terms will remaining the same:
$325 Partners
$285 Associates
$180 Paralegal/Law Clerk
$110 Document Clerk
In addition, it is recommended that Section 9 of the Agreement, entitled “Personnel” will be amended in its entirety to read as follows:
“9. Personnel. In addition to Fred Galante acting as City Attorney, A&W will provide attorneys to serve in the role of Assistant City Attorney and Lead Litigation Counsel, which personnel may be replaced by direction of the majority of the City Council or City Manager, in their discretion. Assignments may be modified as provided in Section 1 above and except as so provided, A&W will exercise its discretion to utilize whichever attorney(s) (and staff) it determines to be best suited to its rendition of legal services under this Agreement, on matters assigned by the City, consistent with the competent and efficient rendering of legal services, and with a view toward rendering such services in an economically efficient matter.”
Attachments: Resolution 2024-042
Third Amendment to Aleshire & Wynder, LLP Agreement