HomeMy WebLinkAboutC-2117 - Legal and consultant agreement for John Wayne AirportMARTIN MCOONCUGH 4 EI V 9? Igj�Dovouofi, 11OLLLitnl SCHWARTZ IX ALLEN
ALFRED E.HOLLAND ,
MILTON L SCHWARTZ A PROFESSIONAL CORPORATION
BRICE F. �OIF1jj By fho CITY COU14CIL ATTORNEYS
WII SEAPM G HOMUNJOP NEWP"T 0-444
DAVID J SPOTTISWOOO
ELMER P MALANOFF
RICHARD W, NICHOLS
DONALD C. POOLE
RICHARO W OSEN
RICHARD E. BRANDT
GARY E. 40VCRIOGE
G. RICHARD BROWN
DENNIS O. O'NEIL
OAV10 W. POST
SUSAN N. EDLING
BRUCE M10ONOUGH
ALICE A. WOOOVAPO
MICHAEL T. FOGARTY
D, WILLIAM OENTINO
ANN H MORRIS
DAVID F BEATTY
R. THOMAS GREENE. JR.
BARRY A. ROSS
HARRY E HULL. JR,
RICHARD L. DECOSNY, JR.
August 6, 1979
Mr. Robert L. Wynn
City Manager
3300 Newport Boulevard
Newport Beach, CA 92663
Dear Bob:
FELIX S WAHRHAFTIG
;1909 -1969;
55S CAPITOL MALL, SUITE 950
SACRAMENTO, CALIFORNIA 95814
TELEPHONE 916 444 -3900
NEWPORT BEACH OFFICE
4041 M.IARTHUR BOULEVARD, SUITE 190
NEWPORT BEACH, CALIFORNIA 92660
TELEPHONE 714 633-2304
OUR FILE NUMBER
Pursuant to your request I am submitting this proposal
to assist the City with legal and consulting services relat-
ing to John Wayne Airport. Having been involved with the
Airport as the City Attorney over the last ten years, I
believe I have the expertise and background to be of some
real beneficial service to the City in this regard. Because
there is so much activity relating to John Wayne Airport,
it has become evident to me that the staff does not have the
time to devote the necessary effort to stay informed on all the
many airport matters. This is particularly true in light of
the staffing constraints created by the passage of Proposition 13.
I would be in a position to be able to assign the airport issue
a high priority and provide the kind of day -to -day personal
attention which I believe is required.
More specifically, I am proposing to act as the City's
airport coordinator. In this capacity I will provide the
following services:
1. Prepare strategies and implement a plan for
increased use of Ontario Airport by Orange County
residents;
2. Compile and present to the City Manager periodic
status reports on:
a. ANCLUC Master Plan Study;
b. SCAG regional airport site selection;
C. Pending and future plans for airport
expansion including County airport
budget appropriations;
0
Mr. Robert L. Wynn
August 6, 1979
Page Two
d. Air carrier leases;
e. Compliance with variance conditions;
f. Litigation affecting airports;
g. Any changes in State Noise Standards;
h. FAA grants to John Wayne Airport;
i. FAA discrimination investigation;
j. New technology aircraft; and,
k. Other airport related matters.
3. Represent City before the Board of Supervisors,
the Airport Commission, and any other adminis-
trative bodies when requested;
4. Review and prepare reports on State and Federal
legislation affecting airports;
5. Meet with representatives of the FAA, the State,
County, the airlines and aircraft manufacturers to
establish an open line of communication regarding
the future of John Wayne Airport.
I would anticipate that a certain amount of information
gathering and perhaps attendance at meetings could be done
by City staff. It would be my intent to use staff where
possible in these circumstances. Also, I believe that much
of the "leg work" and contacts could be performed by a non -
lawyer consultant working under my direction. It also may
be necessary from time to time to retain environmental or
engineering experts, as well as legislative advocates, in
Washington D.C. and Sacramento. These specialized technicians
would be recommended by me, but hired under separate contract.
Under this proposal, the City Attorney would continue to
represent the City at CAB and FAA hearings and, along with the
City Council, have direct control over any litigation.
I would propose to bill time monthly on a straight $75
hourly basis. Any non - attorney work under my supervision
would be billed at approximately $40 per hour, depending on
the rates of the consultants I use. I would not charge the
City for automobile expenses for any travel within Los Angeles,
San Bernardino, or Orange County. Nor would I charge the
City separately for any long distance telephone calls,
copying of documents, postage, etc. Instead of billing
these itemized charges, my law firm will add a 2 -1/2 percent
administrative charge to the monthly statement. The non -
attorney consultants may charge for mileage and other inci-
dental costs which would be itemized. The monthly statement
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Mr. Robert L. Wynn
August 6, 1979
Page Three
is prepared by computer and will print out in detail every
activity or service performed, justifying the billing for
that month.
Also, I believe it would be appropriate to place a
maximum limitation on the number of hours I or any consultants
would work under this agreement during any one month without
prior City Manager authorization. This should give the City
a certain amount of control and direction over the work I am
performing, and will hopefully prevent any unexpected accumulation
of large fees for a given month. I would suggest that this
limitation be placed at 20 hours per month for my time and
20 hours per month for the consultant's time. I would anticipate
that more than the 20 hours a month will be required during
the first few months when the Ontario Plan and other status
reports are being formulated. Thereafter, it would be more
a matter of updating already accumulated data.
Finally, it would not be my intention to bill the
City for any time I spend as a volunteer member of the
City Council Orange County Airport Aviation Committee. If
you require any additional information, please let me
know. Should this proposal prove to be satisfactory to you
and the City Council, I will be glad to prepare and forward
to the City Attorney an appropriate formal agreement setting
forth in detail the terms and scope of employment as herein
outlined.
DDO /rs /mh
Very truly yours,
Dennis D. O'Neil
0 0,
CITY OF NEWPORT BEACH
CALIFORNIA
Cay Hall
3300 W, Newport Ulvd.
Area Code 714
DATE September 25, 1979
TO: FINANCE DIRECIbR
FROM: City Clerk
SUBJECT: Contract No. 2117
Description of Contract Consultant Agreement for Orange County Aiogrt
Authorized by Resolution No. 0 3 , adopted on Sept. 10, 1979
Effective date of Contract Sept. 10, 1979
Contract with McDonough, Holland, Schwartz & Allen
d Mar Arthnr &tp 16n
Newport ..0
Amount of Contract see contract
City Clerk
September 26, 1979
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
McDonough, Holland, Schwartz & Allen
4041 MacArtur Blvd., Stel90
Newport Beach, Ca. 92660
Re: Consultant Agreement for the Orange County Airport
Enclosed you will find your copy of the Agreement for Consultant
services at the orange County Airport, authorized by Resolution
No. 1157 adopted on September 10, 1979.
9 (v3!3
City Clerks office
City of Newport Beach
City Fall • 3300 Newport Boulevard, Newport Beach, California 92663
0 •
AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT is entered into this le 27�- day of
r-
,�+e`, 1979, by and between the CITY OF NEWPORT
BEACH, State of California, hereinafter called "City," and
MCDONOUGH, HOLLAND, SCHWARTZ & ALLEN, A Professional Corporation,
Sacramento and Newport Beach, State of California, hereinafter
called "Special Counsel."
A. The City is involved in numerous matters concerning
the Orange County (John Wayne) Airport.
B. The City desires to engage Special Counsel, in associ-
ation with its City Attorney, to provide special legal services
for the City as hereinafter set forth.
Agreements
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Scope of Services. Special Counsel shall act as the
City's Airport Coordinator. In said capacity Special Counsel
shall perform the following services:
a. Prepare strategies and implement a plan for
increased use of Ontario Airport by Orange County Airport;
b. Compile and present to the City Manager periodic
status reports on:
(1) ANCLUC Master Plan Study;
(2) SCAG regional airport site selection;
(3) Pending and future plans for airport
expansion including County airport budget appropriation;
(4) Air carrier leases;
(5) Compliance with variance conditions;
(6) Litigation affecting airports;
(7) Any changes in State Noise Standards;
0 0
(8) FAA grants to Orange County Airport;
(9) FAA discrimination investigation;
(10) New technology aircraft; and
(11) Other airport related matters subject
to approval by the City Manager;
C. Represent the City before the Board of Supervisors,
the Airport Commission, and any other administrative bodies
when requested;
d. Review and prepare reports on State and Federal
legislation affecting airports when requested;
e. Meet with representatives of the FAA, the State,
County, the airlines, and aircraft manufacturers to establish
an open line of communication regarding the future of Orange
County Airport.
Dennis D. O'Neil, a principal member of the firm of
Special Counsel, shall be responsible for the performance of
services hereunder and shall supervise any services performed
by other members of Special Counsel's firm.
It is understood that the City has City Attorney to
render day -to -day and ongoing legal services and that Special
Counsel shall coordinate its services under the supervision of
the City Attorney who shall have the primary responsibility for
overall control of the aforementioned matters.
Litigation services are not included under this agreement
and in the event the City desires to retain Special Counsel for
litigation, a separate agreement shall be negotiated.
2. Time of Performance. The services of Special Counsel
are to commence upon the execution of this Agreement, and shall
be undertaken and completed in such sequence as to assure their
expeditious completion in the light of the purposes of this
Agreement.
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3. Compensation, Reimbursement and Methods of Payment.
a. Compensation.
(1) Fee Basis. Fees shall be charged on an
hourly basis for all legal services rendered.
(2) Amount of Fees. The hourly rate for services
performed shall be $75.00 per hour. Any non - attorney work
under supervision of Special Counsel shall be charged at
the hourly rate at which such consultant was hired. The
maximum charge for such services shall be $40.00 per hour
unless authorization is given by the City Manager or the
City Attorney.
b. Reimbursement. In addition to the compensation
provided above, the City shall reimburse Special Counsel for
the following expenses:
(1) Subject to the prior approval of the necessity
of travel outside Los Angeles, San Bernardino or Orange
Counties, the necessary travel and subsistence expenses
incurred in the course of Special Counsel's performance
pursuant to this Agreement. Such reimbursement shall be
calculated as follows:
(a) The actual cost of transportation if
by common carrier;
(b) $.17 per mile if travel is performed by
privately owned automobile unless such travel is within
or between Los Angeles, San Bernardino, or Orange Coun-
ties, in which case Special Counsel shall bear the costs.
(c) In any case, said expenses shall not
exceed $35.00 unless actual subsistence expenses are
incurred, supported by detailed records.
(2) In lieu of itemizing, printing and copying
expenses, local or long distance telephone calls, telegrams,
mailing, copying of documents, or similar expenses relating
to the services herein, Special Counsel will add a 2 1/2
percent administrative charge to the monthly statement.
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(3) The monthly statement shall be prepared
by computer and shall print out in detail every
activity or service performed, justifying the billing
for that month.
C. Maximum Number of Hours. So that City may maintain
control and direction over the work to be performed herein, and
so that unexpected accumulations of large fees may be avoided,
Special Counsel agrees to work no more than twenty (20) hours
per month, unless prior approval with term certain is granted
by the City Manager or the City Attorney. The same terms as
set forth in this section shall apply to consultant services.
d. Methods of payment. Following the submission of
monthly statements as set forth in Clause 3(b)(3) of this
Agreement, the City shall review Special Counsel's monthly state-
ments, and if no dispute arises as to costs and charges for ser-
vices incurred herein, shall pay Special Counsel the amounts
set forth in such statements at the rates and in the amounts pro-
vided for herein.
4. Employment of Other Counsel, Specialists or Experts.
Special Counsel shall not employ or otherwise incur an obliga-
tion to pay other counsel, specialists or experts for services
in connection with this Agreement without prior approval of the
City Manager or the City Attorney. Special Counsel's duty under
this section is to recommend when necessary 1) that the services
of other counsel, specialists or experts are required, and 2)
which persons may be fit to perform such services.
S. Special Counsel's Relationship to City. It is agreed
that in the performance of its services under this contract,
Special Counsel:
a. Conducts research and arrives at conclusions with
respect to his or her rendition of information, advice, recom-
mendation or counsel independent of the control and direction
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of the City or of any City official, other than normal
contract monitoring; and
b. Possesses no authority with respect to any
City decision beyond the rendition of information, advice,
recommendation or counsel.
As such, Special Counsel is not a public official (as de-
fined under the California Fair Political Practices Act) of
the City, and is not subject to local Conflicts of Interest
Codes of the City, although Special Counsel is subject to
the conflicts of interest provisions of paragraph 9 of this
Agreement.
6. Termination of Agreement and Leaal Services. This
Agreement and all legal services to be rendered hereunder may
be terminated at any time by written notice from either party,
with or without cause. In such event, all finished and unfin-
ished documents, project data and reports shall, at the option
of the City, become its property and shall be delivered to it
or to any party it may designate. In the event of such termina-
tion, Special Counsel shall be paid for all satisfactory work,
unless such termination is made for cause, in which event com-
pensation, if any, shall be adjusted in the light of the parti-
cular facts and circumstances involved in such termination.
7. Interest of Members of Local Public AQencv. No
member of the governing body of the City, and no other officer,
employee, or agent of the City who exercises any functions or
responsibilities in connection with the carrying out of any
project to which this Agreement pertains, shall have any per-
sonal interest, direct or indirect, in this Agreement.
9. Interest of Counsel. Special Counsel (including
principals, associates and professional employees) covenants
that it does not now have any interest and shall not acquire
any interest, direct or indirect, in the area covered by any
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airport - related projects of the City or any parcels therein or
any other interest which would conflict in any maner or
degree with the performance of his services hereunder. Special
Counsel further covenants that in the performance of its duties
hereunder no person having any such interest shall be employed.
IN WITNESS WHEREOF, the City and Special Counsel have
executed this Agreement as of the date first above written.
CITY OF NEWPORT BEACH
By
Mayor Pro Tem
ATTEST:
By
City Clerk
McCONOUGH, HOLLAND, SCHWARTZ &
ALLEN
A Professional Corporation
BY d ,
Dennis D. O'Neil
APPROVED AS O FDRM
Attorney
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+!;;;.:'
8y fic CITY COUNCIL
n�c5tit{g�e k�P.c" RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF NEWPORT BEACH AND McDONOUGH, HOLLAND,
SCHWARTZ & ALLEN IN CONNECTION WITH LEGAL AND
CONSULTING SERVICES RELATING TO ORANGE COUNTY
AIRPORT
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Agreement between the
City of Newport Beach and McDonough, Holland, Schwartz & Allen
in connection with legal and consulting services relating to
Orange County Airport; and
WHEREAS, the City Council has reviewed the terms and
conditions of said agreement and finds them to be satisfactory
and that it would be in the best interest of the City to
execute said agreement,
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that the agreement above described
is approved, and the Mayor and City Clerk are hereby authorized
and directed to execute the same on behalf of the City of
Newport Beach.
ADOPTED this 10th day of September , 1979.
Mayor
ATTEST:
City Clerk
HRC /kv
9/5/79