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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 0 0 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. - 2 - 0 1] 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. - 3 - 0 0 (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 - 4 - 11 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 - 5 - 0 0 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 - 6 - +!;;;.:' 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