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Home My WebLink AboutResolution 95-082RESOLUTION NO.95-82 APPROVING AMENDMENT NO.13 TO AGREEMENT FOR EMPLOYMENT OF GENERAL COUNSEL A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF COUNTY SANITATION DISTRICTS NOS.1,2,3,5,6,7,11, 13 AND 14 OF ORANGE COUNTY,CALIFORNIA,APPROVING ADDENDUM NO.13 TO AGREEMENT FOR EMPLOYMENT OF GENERAL COUNSEL The Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7,11,1 3 and 14 of Orange County,California, DO HEREBY RESOLVE,DETERMINE AND ORDER: Section 1 That Amendment No.13 to that certain Agreement for Employment of General Counsel dated May 1,1975,by and between County Sanitation District No.1, acting for itself and on behalf of Districts Nos.2,3,5,6,7,11,13 and 14 of Orange County,California,and Thomas L.Woodruff,Attorney at Law,providing for an adjustment of the fee schedule for legal services performed as General Counsel for said Districts,as indicated on Exhibit “A”attached hereto and by reference made a part of this resolution, effective July 26,1 995,is hereby approved and accepted;and, Section 2 That the Chair and Secretary of District No.1,acting for itself and on behalf of Districts Nos.2,3,5,6,7,11,13 and 14,are hereby authorized and directed to execute said amendment. PASSED AND ADOPTED at a regular meeting held July 26,1995. J:~WPDOC\BS\RES\RES95\RAM7.O82 AMENDMENT NO.13 RE AGREEMENT FOR EMPLOYMENT OF GENERAL COUNSEL THIS AMENDMENT to that certain Agreement dated May 1,1975,is made and entered into this 26th day of July ,1995,by and between THOMAS L. WOODRUFF,hereinafter referred to as “COUNSEL”,who is an owner/member of the Law Firm of Rourke,Woodruff &Spradlin,a Professional Corporation,hereinafter referred to as “FIRM”;and COUNTY SANITATION DISTRICT NO.I OF ORANGE COUNTY,CALIFORNIA,on behalf of itself and as agent for County Sanitation Districts Nos.2,3,5,6,7,11,13 and 14 of Orange County,California,hereinafter referred to as “DISTRICT”. WHEREAS,the parties hereto have previously entered into an Agreement, whereby DISTRICT employed COUNSEL to serve in the capacity as General Legal Counsel to DISTRICT;and WHEREAS,the parties hereto wish to amend said Agreement,as more particularly set forth herein. NOW,THEREFORE,in consideration of the foregoing,it is agreed between the parties hereto as follows: 1.Paragraph 4 of said Agreement is hereby amended to read: “4.Compensation for legal services by COUNSEL shall be as follows: (a)There shall be no minimum retainer paid to COUNSEL. (b)For all work attendant to those services set forth in Paragraph 3 above,DISTRICT shall pay FIRM at a rate of One Hundred Eighty-Five ($185.00)Dollars per hour.For legal services rendered by 1 EXHIBIT A other Principals or Senior Associates of FIRM,DISTRICT shall pay to FIRM at a rate of One Hundred Seventy-Five ($175.00)Dollars per hour. For those services rendered by Associate Attorneys of COUNSEL,who are members of COUNSEL’S FIRM,DISTRICT shall pay to FIRM at a rate of One Hundred Fifty ($150.00)Dollars per hour.For those services rendered by Paralegals of COUNSEL,who are employees of COUNSEL’S FIRM,DISTRICT shall pay to FIRM at a rate of Eighty ($80.00)Dollars per hour.All of the rates listed shall include FIRM’S direct labor costs, indirect costs,overhead and profit. (c)Effective July 1 of each year,the hourly labor rates shall be adjusted in an amount equal to the percentage increase in the Consumer Price Index for the Los Angeles-Orange County Metropolitan Area,all wage earners,for the period between June 1 through May 30 of the prior year.Each hourly labor rate shall be rounded to the nearest $1.00 increment.The Consumer Price Index percentage increase shall not exceed Four (4%)percent per year without prior approval of DISTRICT. (d)For appearances by COUNSEL at conferences,symposiums or seminars on behalf of DISTRICT,DISTRICT shall pay FIRM at the rate of Four Hundred ($400.00)Dollars per day,or at the rate of One Hundred Eighty-Five ($185.00)Dollars per hour,whichever is less. (e)DISTRICT shall be responsible for and shall pay or reimburse FIRM for all costs and expenditures required or advanced by 200000028 152531 2 COUNSEL or FIRM in the preparation for,prosecution or defense of litigation,including court costs,jury fees,witness fees,reporter’s fees,title reports,photographs,diagrams,maps and similarly-related items. (f)DISTRICT shall be responsible for and shall pay or reimburse COUNSEL or FIRM for the actual expenses of travel,food and lodging outside the County of Orange on the business of DISTRICT,and shall pay or reimburse COUNSEL or FIRM for all other necessary expenditures on the business of DISTRICT in the actual amounts so expended.” 2.This Amendment shall take effect August 1,1995. IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be executed on the day and year first above written. COUNTY SANITATION DISTRICT NO.I OF ORANGE COUNTY,CALIFORNIA,on behalf of itself and as agent for County Sanitation Districts Nos.2,3,5,6,7,11,13 and 14 of Orange County,California TLW.pJ By Chairman,Board of Directors By Secretary,Board of Directors ROURKE,WOODRUFF &SPRADLIN,P.C. By Thomas L.Woodruff 2000.00028 1~1 3 STATE OF CALIFORNIA) )SS. COUNTY OF ORANGE I,PENNY KYLE,Secretary of the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7,11,13 and 14 of Orange County,California,do hereby certify that the foregoing Resolution No.95-82 was passed and adopted at a regular meeting of said Boards on the 26th day of July,1995,by the following vote,to wit: AYES:George Brown,John C.Cox,Jr.,Jan Debay,Barry Denes, Shirley Dettloff,Norman Z.Eckenrode,James M.Ferryman, James H.Flora,Don R.Griffin,John M.Gullixson,Barry Hammond,Victor Leipzig,Wally Linn,Mark A.Murphy,Margie L.Rice,Thomas R.Saltarelli,Sal A.Sapien,George Scott, Sheldon S.Singer,William G.Steiner,Peer A.Swan,Charles E. Sylvia,Daniel T.Welch,Bob Zemel NOES:None ABSENT:Cecilia L.Age,Burnie Dunlap,Pat McGuigan,Glenn Parker, Julie Sa IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.1 on behalf of itself and Districts Nos.2,3, 5,6,7,11,13 and 14 of Orange County,California,this 26th day of July,1995. ~ Sanitation Districts Nos.1,2,3,5,6,7,11,13 and 14 of Orange County,California J:\WPDOC\BS\FORMS\95\F1 2.82