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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />OCTOBER 7, 2014 <br />TITLE: <br />APPROVE AGREEMENTS FOR SPECIAL <br />LEGAL COUNSEL SERVICES WITH <br />COLANTUONO, HIGHSMITH & WHATLEY, <br />PC. (STRATEGIC PLAN NO. 4, 1) <br />CITY MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />y•0:• <br />❑ As Recommended <br />❑ As Amended <br />❑ Ordinance on 1" Reading <br />❑ Ordinance on 2 "d Reading <br />❑ Implementing Resolution <br />❑ Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />Authorize the City Manager and the Clerk of the Council to execute a legal services agreement with <br />Colantuono, Highsmith & Whatley, PC, for legal services at the specified rates below, subject to <br />non - substantive changes approved by the City Manager and City Attorney. <br />DISCUSSION <br />Colantuono, Highsmith & Whatley, PC <br />The law firm of Colantuono, Highsmith & Whatley, PC is the preeminent law firm in the field of <br />Utilities User Tax litigation and a leader in the defense of government entities in class action <br />lawsuits involving revenue measures. The Colantuono firm has argued the two leading cases <br />pertaining to UUT issues before the California Supreme Court and has defended dozens of cities <br />against the same issues that are raised in the matter of Ruiz v. City of Santa Ana. The law firm <br />shall provide service at a rate of $375 an hour for Attorneys Michael G. Colantuono and Holly 0. <br />Whatley, $305 an hour for Attorney Charlie LaPlante and $245 an hour for Attorney Len Aslanian. <br />Paralegal work will be charged at a rate of $160 an hour. A copy of the Colantuono proposal, Firm <br />profile and key personnel profiles is attached hereto as Exhibit 1. <br />STRATEGIC PLAN ALIGNMENT <br />Approval of this item allows the City to meet Goal #4, City Financial Stability, Objective 1. Maintain <br />a stable. efficient and transparent financial environment. <br />25H -1 <br />