HomeMy WebLinkAboutAgenda Report - August 18, 2004 I-04AGENDA ITEM 1�4
CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Council discussion and appropriate action regarding a proposed Amended and
Restated Contract for Legal Document Services (Docket Clerk) with Kronick,
Moskovitz, Tiedemann & Girard to assist with the Environmental Abatement
Program litigation and/or propose alternatives
MEETING DATE: August 18, 2004 City Council Meeting
PREPARED BY: Steve Schwabauer, City Attorney
RECOMMENDED ACTION: That the City Council review, discuss and take appropriate action
regarding a proposed Amended and Restated Contract for Legal
Document Services (Docket Clerk) with Kronick, Moskovitz,
Tiedemann & Girard ("Kronick") to assist with the Environmental
Abatement Program litigation and/or propose alternatives.
BACKGROUND INFORMATION: With the hiring of the law firm of Folger, Levin & Kahn to act as
counsel handling the Environmental Abatement litigation, Kronick, Moskovitz, Tiedemann & Girard are in
the transition mode of turning over cases to the new firm. As you will recall, the Kronick firm allowed us
to utilize one of their Docket Clerks to manage the flow of legal documents because it is imperative that
all documents be docketed and accounted for to be easily accessible. Kronick previously charged us a
very reasonable rate of $24.00 per hour plus travel expenses. Since Kronick is no longer acting as lead
counsel in the environmental abatement litigation, and the original amount of $5,000 dedicated for the
expense of a Docket Clerk is expired, Kronick has prepared an Amended and Restated Contract at a rate
of $50.00 per hour.
In the past, the Envision Law Group kept track of files in their office electronically and manually and it
was not necessary that the City's legal secretary log in each and every document. Now that the City
Attorney's office will be monitoring all actions relating to this litigation, it is important that documents be
easily accessible in the City Attorney's office. Staff therefore requests discussion and consideration of
this amended contract, and any available alternatives. Although 1 do believe Kronick's proposed rate is
fair and that the Docket Clerk they supplied is highly competent and professional, I cannot recommend
approval of the revised contract at the proposed rate given current budget considerations. Instead,
recommend authorizing the City Attorney's office renegotiate the existing contract with a maximum
average workweek of 8 hours.
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Step chwa au Attor y
FUNDING: Water Fund 183453.7323
Approved:
m Krueger, Finance Director
APPROVED:
Janet Keeter, Interim City Manager
RESOLUTION NO. 2004-1 fib
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING .
THE CITY ATTORNEY'S OFFICE TO CONTINUE ITS CONTRACT
FOR LEGAL DOCUMENT SERVICES WITH KRONICK, MOSKOVIT
TIEDEMANN & GIRARD AND FURTHER AUTHORIZING THE CIT)
ATTORNEY TO HIRE AN INDEPPNDENT CONTRACTOR AT
A LESSER RATE, IF POSSIBLE
NOW, THEREFORE, BE IT RESOLVED that the LodiCity Coun it hereby
authorizes the City Attorney to execute an Amended and Restated Contract b een the
City of Lodi and,Kronick, Moskovitz, Tiedemann & Girard for legal docume t services
(docket cleric) at a rate of $50.00 per hour effective August 4, 2004; and
BE IT FURTHER $ESOLVED that this position will be funded from the
Water/Wastewater.funds; and
BE IT FURTHER RESOLVED that -the, City Attorhey is further authorized to hire
an independent contractor at a lesser rate, if possible.
Dated: August 18, 2004
I hereby certify that Resolution No. 2004-166 was passed and adc
Lodi City Council in a regular meeting held August 18, 2004, by the following
AYES: COUNCIL MEMBERS — Beckman, Hitchcock, Howard,
Mayor Hansen
NOES: COUNCIL MEMBERS — None
ABSENT: . COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLACKSTON
City Clerk
by the
and