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HomeMy WebLinkAboutJennings, Engstrand & Henrikson; 1985-01-24;.- GERALD N. SlMS GREGORY V. MOSER PETER L. OUNC*G CHARLES W. SIM. JR JANET E. SOBEL JOHN R. ALEXANDER LINDA A. BELIVEAU WILSON A. SCHOOLEY DEARING D. ENGLISH JENNINGS, ENGSTRAND 8c HENRIRSON A PROFESSIONAL LAW CORPORATION 2255 CAMINO DEL RIO SOUTH SAN DIEGO. CALIFORNIA 92108 ~ - ___ MATTHEW GETTINGER KEVIN D. Busn SUSAN C. STEVENSON JUDITH T. ROWLES JAMES J. WALLACE II PATRICIA JO CL19TFR ~- ___ - JOANNE D. ROAKE SHELDON A. WILENSKY LIT* MANLEY VICTOR HIZRACHI (619) 557-7800 FAX: (619) 294-8240 June 23, 1988 w. H. JENNINGS 1809-1083 - HON. JAMES L. FOCHT OF COUNSEL DOWNTOWN OFFICE FIRST NATIONAL BANK BUILDING 901 WEST A STREET SUITE 2200 SAN DIEGO. CALIFORNIA 92101 WRITER'S DIRECT LINE: 557-7620 Board of Directors COSTA REAL MUNICIPAL WATER DISTRICT 5950 El Camino Real Carlsbad, CA 92008 Dear Board Members: Due to continued increasing costs and expenses, principally in the area of professional liability insurance and employee compensation, it is necessary for us to request an adjustment in our fee schedule. Commencing July 1, 1988, our fees for routine services will be billed at our current public law rates: $115 per hour for senior attorneys; $110 per hour for intermediate attorneys and $80-100 per hour for associate attorneys: with paralegals being billed at $50 per hour. (These are increases of $5 per hour in each category, except paralegals for which there is no change.) No change will be made in our charges for matters involving litigation and administrative proceedings which will continue to be billed at $150 for senior attorneys; $125 for intermediate attorneys: $80-100 for associate attorneys: $50 for paralegals. Fees for other special services, such as bond counsel and assessment district financing, would depend upon the type of services required and would be agreed upon in advance. In addition, we will be reimbursed for travel, telephone, word processing, computer-assisted research, copying, and other expenses incurred on your behalf, except that we would not charge automobile mileage for travel within the county. Board of Directors Costa Real Municipal Water District June 23, 1988 Upon agreement by the Board, this contract would be in effect during the 1988-1989 fiscal year and thereafter until changed by mutual agreement. The District shall have the right to terminate our services at any time and we retain the right to terminate our services upon 30 days’ written notice. The proposed charges are comparable to those being rendered to other public agencies represented by this firm and are comparable to or less than those being charged by most other qualified attorneys for similar services. We appreciate the opportunity to continue to be of service to the District. Very truly yours, JENNINGS, ENGSTRAND & HENRIKSON A Professional Law Corporation Grego’ry V. Moser GVM : sw The foregoing is agreed to d accepted this 30 day of , 1988. MUNICIPAL WATER DISTRICT PAUL D. ENGSTRAND LEO R. B. HENRIKSON JOHN H. WHITNEY CHARLES F. GORDER. SR. WALLACE R. PECK ROSS M. PILE URBAN J. SCHREINER ANTON DlMlTROFF DOUGLAS R. REYNOLDS CRAIG Sy ENGSTRAND RICHARD G. OPPER GERARD SMOLIN, JR. WILLIAM A. JOHNSON. JR. *ADMITTED IN OHIO ONLY LAW OFFICES JENNINGS, ENGSTRAND 8c HENRIKSON A PROFESSIONAL LAW CORPORATION 2255 CAMINO DEL R10 SOUTH ELIZABETH C. ELDRIDGE SAN DIEGO, CALIFORNIA 92108 MARILYN R. MORIARTY MARC1 5. DANIELS PETER L. DUNCAN JANET E. SOBEL JOHN R. ALEXANDER. WILSON A. SCHOOLEY DEARING D. ENGLISH MATTHEW GETTINGER KEVIN D. BUSH TONI DONNET LEVENS SUSAN C. STEVENSON JUDITH A. TIS1 PATRICIA JO CUSTER August 24, 1987 w. n. JENNINGS 1899-1963 HON. JAMES L. FOCHT OF COUNSEL Board of Directors COSTA REAL MUNICIPAL WATER DISTRICT 5950 El Camino Real Carlsbad, CA 92008 Dear Board Members: Due to the continued increasing costs and expenses, principally in the area of profesional liability insurance and employee compensation, it is necessary for us to request an adjustment in our fee schedule. We do not expect this change to require any adjustment of your adopted budget. TELEPHONE AREA CODE 619 291-0640 - FAX: (SlS) 294-8249 Commencing October 1, 1987, our fees for routine services will be billed at our current public law rates: $110 per hour for senior attorneys; $105 per hour for intermediate attorneys; and $80-$95 per hour for associate attorneys; with paralegals being billed at $50 per hour. (These are increases of $5 per hour in each category, except paralegals for which there is no change.) On July 1, 1987, Mr. Moser became a shareholder in the firm, therefore, he will now be considered an intermediate, rather than an associate attorney Matters involving litigation and administrative proceedings will be billed at $150 for senior attorneys; $125 for intermediate attorneys; $80-$110 for associate attorneys; $50 for paralegals. (These are increases of $10 per hour in most categories except for junior associates and paralegals for which there are no changes.) Fees for other special sevices, such as bond counsel and assessment district financing, would depend upon the type of services required and would be agreed upon in advance. AUG 2 5 1987 A- '. Board of Directors COSTA REAL MUNICIPAL WATER DISTRICT August 24, 1987 Continued Two As in the past, we will be reimbursed for travel, telephone, word processing, computer-assisted research copying, and other expenses incurred on your behalf, except that we would not charge automobile mileage for travel within the county. Upon agreement by the board, this contract would be in effect commencing October 1, 1987 and thereafter, until changed by mutual agreement. The District shall have the right to terminate our services at any time, and we retain the right to terminate our services upon 30 days written notice. The proposed charges are comparable to those being rendered to other public agencies represented by this firm and are comparable to or less than those being charged by most other qualified attorneys for similar services. We appreciate the opportunity to continue to be of service to the District. Very truly yours, JENNINGS, ENGSTRAND & HENRIKSON A Professional Law Corporation GREG~Y v. MOSER GVM : sw The foregoing , 1987. .. PAUL D. ENGSTRAND LEO R. 8. HENRIKSON JOHN H. WHITNEY WALLACE R. PECK CHARLES F. CORDER, SR. ROSS M. PYLE URBAN J. SCHREINER RONALD L. ENDEMAN DONALD R. LINCOLN ANTON DlMlTROFF LARRY L. MARSHALL CHRISTINE V. PATE ALVIN G. KALMANSON WILLIAM C. PATE C. MICHAEL COWETT JOHN E. RYAN GEORGE J. BERGER GEORGE A. DE WALT MICHAEL E. BUSCH MICHAEL A. VAN HORNE LAW OFFICES JENNINGS, ENGSTRAND 8c HENRIKSON A PROFESSIONAL LAW CORPORATION 2255 CAMINO DEL RIO SOUTH SAN DIEG0,CALIFORNIA 92108 CRAIG 5. ENGSTRAND LAWRENCE J. KAPLAN GERARD SMOLIN, JR. WILLIAM A. JOHNSON, JR. ELIZABETH C. ELDRIDGE KENNETH C.TUREK HENRY E. HEATER GERALD N. SlMS GREGORY V. MOSER MARK W. ANTHONY DAVID J. SEMELSBERGER DEBRA K. MAcLARTY NEIL AUWARTER JANET E. SOBEL WILSON A. SCHOOLEY DEARING D. ENGLISH MATTHEW GETTINGER KEVIN D. BUSH LORAINE L. LAMBERT - [619] 291-0840 FAX: [619] 294-8249 W. H. JENNINGS 1899-1983 HON. JAMES L. FOCHT OF COUNSEL LA MESA OFFICE 8262 UNIVERSITY AVENUE LA MESA, CALIFORNIA 92041 [619] 469-4191 July 22, 1986 Board of Directors 5950 El Camino Real Carlsbad, California 92008 COSTA REfiL MUNICIPAL WATER DISTRICT Dear Board Members: Our employment by the District is based upon our January 24, 1985 letter proposal in which Jennings, Engstrand & Henrikson agreed that the hourly rates then proposed would not be reviewed until after July 1, 1986. Since that proposal was made, Greg Moser has become a senior associate attorney. In addition, by reason of continued increased costs and expenses, principally in the area of professional liability insurance and employee compensation, it is necessary for us to request an adjustment of approximately five percent in our fees. Commencing August, 1986, our fees for routine services will be billed at our current hourly public law rates: $105 per hour for senior attorneys; $95 per hour for intermediate attorneys; and $80-90 per hour for associate attorneys; with paralegals being billed at $50 per hour. (These are increases of $5 per hour in each category.) Matters involving litigation and administrative proceedings will be billed at our standard public agency rates for such matters, currently $140 for senior attorneys; $115 for intermediate attorneys; $80-100 for associate attorneys; $50 for paralegals. (These are increases of $5 per hour in most categories.) Fees for other special services, such as bond counsel and assessment district financing, would depend upon the type of services required and would be agreed upon in advance. L_ c L Costa Real Municipal July 22, 1986 Page Two Water District In addition, we will be reimbursed for travel, telephone, word processing, computer-assisted research, copying, and other expenses incurred on your behalf, except that we would not charge automobile mileage for travel within the county. Upon agreement by the board, this contract would be in effect for the next year and thereafter until changed by mutual agreement. The District shall have the right to terminate our services at any time, and we retain the right to terminate our services upon 30 days' written notice. The proposed charges are comparable to those being rendered to other public agencies represented by this firm and are comparable to or less than those being charged by most other qualified attorneys for similar services. We appreciate the opportunity to continue to be of service to the District. Sincerely, JENNINGS, EN-AND & HENRIKSON WRP:tjb The foregoing is a r ed to and accepted this P-day of J--4 & rf- , 1986. COSTA REAL ,MUN;CCIfj;RL WATER DISTRICT By: / x LAW OFFICES JENNINGS, ENGSTRAND 8c HENRIKSON A PROFESSIONAL LAW CORPORATION 2255 CAMlNO DEL RIO SOUTH SAN DIEGO, CALIFORNIA 92108 [619] 291-0840 - January 24, 1985 W. H. JENNINGS 1899-1983 HON. JAMES L. FOCHT OF COUNSEL - LA MESA OFFICE 8262 UNIVERSITY AVENUE LA MESA,CALIFORNIA 92041 [SIS] 469-4191 TELECOPI ER 294-8249 Mr. William C. Meadows, General Manager Costa Real Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 Dear Mr. Meadows: Thank you for the opportunity to be considered for the position of general counsel for Costa Real Municipal Water District. Jennings, Engstrand & Henrikson, a Professional Law Corporation, has represented a wide variety of public agencies since its founding. Our firm includes eight attorneys who regularly advise public agencies and appear in both state and federal courts and before regulatory bodies on their behalf. We are familiar with the laws applicable to the conduct of public agency affairs, such as the Municipal Water District Law of 1911, the Brown Act, the Public Records Act, the California Environmental Quality Act, the District Reorganization Act, the Eminent Domain Law, the Political Reform Act and Proposition 13. We have substantial experience representing special districts in their day-to-day operations, as well as advising on the construction of major water, sewer, and other public projects. Except for the rendition of bond counsel services, we provide advice on all phases of such projects, from compliance with state environmental laws, bidding and labor law requirements, to the calling of special elections for bonds and other financing mechanisms. Mr. William C. Meadows January 24, 1985 Page 2 The following are representative clients which we currently serve as general or special counsel: City of Escondido City of Oceanside Descanso Community Services District Padre Dam Municipal Water District Helix Water District Santa Fe Irrigation District San Dieguito Water District San Diego County Water Authority Sweetwater Authority South Bay Irrigation District Santee Fire Protection District Grossmont Hospital District Palomar-Pomerado Hospital District San Diego Region Water Reclamation Agency San Diego Unified School District Vista Unified School District Centre City Development Corporation Southeast Economic Development Corporation We propose that two attorneys in our public agency department would provide on-going legal services: Wallace R. Peck and Gregory V. Moser, with Mr. Peck being the supervising attorney. Abbreviated resumes are attached. Of course, you would be able to call upon the expertise and resources of the entire firm, as needed. We would expect to attend all board meetings and would attend such committee meetings as requested. The attorney attending the board meetings would be dependent upon the time of such meetings. At present, Mr. Peck could not attend Wednesday afternoon meetings, but could attend meetings if they were scheduled for the first and third Tuesdays or the first and third Thursdays of each month. Our fees for routine services for public agencies similar to the District would be billed at our current hourly public law rates: $100 per hour for senior attorneys, $90 per hour for intermediate attorneys and $70 to $80 per hour for junior attorneys. Mr. Peck's rate would be $100. Mr. Moser's would be $80. In addition, we would Mr. William C. Meadows January 24, 1985 Page 3 be expected to be reimbursed for travel, telephone, copying and other expenses incurred on your behalf, except that we would not charge automobile mileage for travel within the county. Matters involving litigation and administrative proceedings would be billed at our standard public agency rates for such mattcrs, currently $70 to $125 per hour. Fees for other special services, such as assessment district financing, would vary, depending upon the type of financing and services required, and would be agreed upon in advance. The foregoing rates would continue in effect until at least July 1, 1986, at which time they would be subject to review by the parties in view of performance, changes in the cost of living and other relevant factors. You would have the right to terminate our services at any time, and we would retain the right to withdraw as your counsel upon reasonable notice. Your prior counsel had a contract providing for a monthly retainer, plus an hourly charge. While we believe an hourly charge is more fair to both parties, we would be willing to consider such an approach if the board so desired. We would welcome a meeting with the board or a committee of the board to discuss the foregoing and to answer any questions you may have. A V WALLACE R. PECK WRP: j PROPOSED PRINCIPAL ATTORNEYS WALLACE R. PECK. Mr. Peck was graduated from the University of California, Berkeley in 1950. He received his law degree in 1957 from the University of California, Berkeley, where he was a member of the California Law Review and Order of the Coif. Mr. Peck has extensive experience in municipal and water law, including public contracts, public employee relations, tort liability, and other areas. He is currently district counsel for Padre Dam Municipal Water District, Santa Fe Irrigation District, San Dieguito Water District, Helix Water District and other special districts. He is a member of the Association of California Water Agencies Legislative Committee and has been a participant on many ACWA panels and committees. He is also a member of the American Bar Association section on Urban, State and Local Government Law and the State Bar Public Law Section. Mr. Peck is a senior member of Jennings, Engstrand & Henrikson, and head of its Public Law Department. GREGORY V. MOSER. Mr. Moser was graduated from Haverford College in 1977; he obtained his law degree from Georgetown University in 1981, where he was Editor-in-Chief of the Georgetown Law Weekly and a member of the American Criminal Law Review. Since joining the firm of Jennings, Engstrand & Henrikson in 1984, Mr. Moser has been involved in representing a number of public agencies, including community service districts, fire protection districts, irrigation districts, school districts, and municipal water districts. Previously an associate with Best, Best & Krieger, he regularly advised the Elsinore Valley Municipal Water District, Lake Elsinore Recreation and Park District, and a number of other special districts and cities throughout Riverside County.