Item 25 - Approval of Agreement Legal Svs McDougal,Love,Eckis & Grindle
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AGENDA REPORT SUMMARY
TO: -- Honorable Chairman and Members of the Redevelopment Agency
Honorable Mayor and Members of the City Council
FROM: James L Bowersox, City Managerhecutive Di~
DATE: July 14,1998
SUBJECT: Approval of Agreement for Legal Services with McDougal, Love. Eckis & Grindle
ABSTRACT
The City of Poway and Poway Redevelopment Agency have contracted with the firm of McDougal, Love, Eckis
& Grindle for legal services since 1984. This contract designates Stephen M, Eckis as City Attorney/General
Counsel, Lynn R. McDougal as Deputy City AttorneylDeputy General Counsel, Tamara A. Smith as Assistant
City Attomey/Assistant General Counsel, Glenn p, Sabine as Assistant City Attorney/Assistant General Counsel,
and Morgan L. Foley as Assistant City Attorney/Assistant General Counsel. Periodically, the City Council and
Redevelopment Agency reviews the compensation for legal services making appropriate modifications. The
attached proposed contract for legal services provides for an increase in the salary for the City Attorney/General
Counsel of three and one-half percent (3 y,%), There is no change in the hourly rate for extraordinary and
litigation services as shown in Attachment A.
ENVIRONMENTAL REVIEW
This action is not subject to CEQA review.
FISCAL IMPACT
This agreement provides for a $3,240 salary increase per year for the City Attorney.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A copy of this report is being mailed to McDougal. Love, Eckis & Grindle.
RECOMMENDATION
It is recommended that the City Council and Redevelopment Agency approve the Agreement for Legal
Services with McDougal, Love, Eckis & Grindle.
ACTION
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ClfY OF POWAi
-- AGENDA REPORT
This report is included on the Consent Calendar. There will be no separate discusslon of the report prior to approval by the City Council unless
members of the Council. staff or publiC request it to be removed from the Consent Calendar and discussed separately. If you wish to have this report
pulled for discussion. please fill out a slip indicating the report number and give it to the City Clerk prior to the beginning of the City Council
meeting.
TO: Honorable Chainnan and Members of the Redevelopment Agency
Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Manager/Executive Dire~
DATE: July 14, 1998
SUBJECT: Approval of Agreement for Legal Services with McDougal, Love, Eckis & Grindle
BACKGROUND
The City of Poway and Poway Redevelopment Agency have contracted with the finn of McDougal, Love, Eckis &
Grindle for legal services since 1984. This contract designates Stephen M. Eckis as City Attomey/General Counsel,
Lynn R. McDougal as Deputy City AttorneylDeputy General Counsel, Tamara A. Smith as Assistant City
Attorney/Assistant General Counsel, Glenn P. Sabine as Assistant City Attorney/Assistant General Counsel, and
Morgan L. Foley as AsSistant City Attorney/Assistant General Counsel. Periodically, the City Council and
Redevelopment Agency reviews the compensation for legal services making appropriate modifications.
FINDINGS
Attached for City Council and Redevelopment Agency consideration is a proposed contract for legal services with
McDougal, Love, Eckis & Grindle that provides for an increase in the salary for the City Attorney/General Counsel and
for the addition of Morgan L. Foley as Assistant City Attorney/Assistant General Counsel. There are no other
substantive changes in the agreement. The agreement provides for a three and one-half percent (3Y2%) increase in
salary. The salary increase, which is comparable to that granted to all other employees, will increase the City
Attorney salary from $92,700 to $95,940. The effective date of the contract is July I, 1998.
ENVIRONMENTAL REVIEW
This action is not subject to CEQA review.
FISCAL IMPACT
This agreement provides for a $3,240 salary increase per year for the City Attorney.
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Agenda Report
July 14, 1998
Page 2
ADDITIONA[1'UBLlC NOTIFICATION AND CORRESPONDENCE
A copy of this report is being mailed to McDougal, Love. Eckis & Grindle,
RECOMMENDATION
It is recommended that the City Council and Redevelopment Agency approve the attached City Attorney contract
(see Attachment A),
Attachment - Attachment A - Annual Contract for Legal Services with McDougal, Love, Eckis & Grindle
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McDOUGAL. LOVE. CCK'S & GFnNDL~ .
.. ~o"'~a.lo""" eO-~"TlO"
LYNH R,-;';-;OOIJGAL "TTOf'NEY'$ AT LAW 0" COv."tt
S. "".C.......[I.. LOV!:; ~OVIlt l!1"'TY 1'40~T" "".O"=~I" I".c.RQ.... W KNIJT'i-O", A_ P. C.
STC_MltN .... ECKIS
D"""'II:1.. W. Clltl"'Dl.~ D"AWEA I..S
T..""........ A. .foIIl"'" EL CAJON, C"'LIf'OANIA .2022-1<6.,e:
STEvE.. E..or~NER
GLENN S....tNI: (eIV) .440-._
MOAGAN L. FOLEy "AX (elli~) 440.4g07
"EX ".,..OALL E:fIIICK$ON
Jllly 14, 1998
Honorable Kayor and Collncilmembere
Cit.y of poway
13325 Civic center Drive
P. o. Box 789
Poway, CA 941074-0789
Re: City Attorney Contract
Honorable Mayor and COllncilmember.:
Md)oug&l., 1.oOv8, ZcJd.1II . CrincUe autlmi.te herewith it. proposal for the prov1.a1.on
of City Attorney .ervice. for the fiscal y.ar 1998-1999.
Tne firm propose. no cnange in tne nOllrly rat:.. of $120 for vAtraordinary
..rvicea and litigation. It i. proposed that the salsry of the City Attorney be
incre.seel three and one-half percent (3"") . Morqan L. Foley is added aa an A..ietant
City Attorney and A..iatant G.neral coun~l. He ~lll aerve as ~..u.r'. coun.el in
financing matter. .. ~.que8ted by at&ff.
You will find herewith the draft agr~ement. ~. i. our cUBt~.ry pr.~ti~., no
~ember of the firm will participate in hi. or her offieial capacity with you or YOllr
ataff in the making of the 1998-19999. agreement, or otherwie. a..iat or adviae yOIl
1.n .;gnnec;t1on w1.th 1t.. l"P.Fe requlat10nD now pe:Emit th.. \lnde~.i9n,,\l t.o nC9ot..i.it.te the
terma of the agreement aeting on behalf of only the law firm and not on beh.lf of
the City or the Agency.
Should the City or the Agency require legal advice coneerning the negotiation
Qr any othBr ..peet of the agr.ement, that advice cannot be provided by any member
or this t1.rm.
We look forward to your review of the propoe.l and the opportunity to continll.
to serve you in the coming year.
Very truly youn,
McDOUGAL. LOVE, ECl(IS Ii CRINDLE
Bn/Uld{/~
Sm::dj St7cn H. Bek.ie
!:ncloBur.
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-- AGREEMENT BElWEEN
THE CITI OF POW A Y AND
THEPOWAYREDEVELOPMENTAGENCY
AND
McDOUGAL, LOVE, ECKIS '" GRINDLE
A Professional Corporation
THIS AGREEMENT is made this ____ day of , 1998, by and
between the City of Poway, a Municipal corporation, sometimes
hereinafter referred to as "city" and the poway Redevelopment Agency,
sOllletimcu:: hereinafter referred to as "Aqency" and KcOouqal, Love, Eckis
& Grindle, a Professional Corporation, and the unders1gned individual
attorneys, sometimes hereinafter collectively referred to as
"Attorneys". The parties aqree that Attornoy!!: "hall be retained by the
City and the Agency to perform legal services on the terms and
conditions set forth hereinafter as follows:
I. ~. The term of this Agreement shall be at will. City or
Agency may terminate Attorneys with or without cause and without
notice. Attorneys may terminate this Agreement with or without cause
upon thirty (30) days prior written notice to City and Agency.
II. F.mnlovment of citv Attornev. etc. The City and Agency shall
employ the following designated members ot tne law firm or MCDougal,
Love, Eckis & Grindle during the term of this Agreement to serve the
city and Agency in the followinq capacities:
Stephen M. Ecxis City Attorney, General Counsel
Lynn R. MCDougal Deputy City Attorney, Deputy General Counsel
Tamara A. Smith Assistant City Attorney, Assistant General Counsel
Glenn Sabine Assistant City Attorney, Assistant General Counsel
Morgan Foley Assistant City Attorney, Assistant General Counsel
The city Attorney shall devotp. full time to the performance
of those duties set forth on Exhibit "A," including the provision of
Political Reform Act conflict of int~rest assistance on behalf of the
City to City employees and orricia15 upon 4ppropriate request. The
City Attorney shall represent the City in all litigation except that
for which the city Attorney retains special litiqation counsel.
General Counsel shall perform those duties set forth on
Exhibit "A" applicab18 to general counsel. including the provision of
Political Rerorm Act conflict of interest assistance on behalf of the
Agency to Agency empl.oyees and officials upon appropriate request.
General Counsel shall represent the Agency in all litigation QXCQpt
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that for which General Counsel retains special litigation counsel.
The Attorneys' duties shall specifically include those set
forth in Exhibit "A" attached and shall be performed by such members
of the law firm aa d...ignated by tho City Att.orney and under his
supervision.
III. Comnensat:ion. city snall pay to the above designated
. members of Attorneys salaries in the total sum of $7,995.00 per month
effectiv.. July 1. 1998. said sum shall fully compensate for attendance
at all official m....tings of the city Council/Redevelopment Agency
including workshop meetinqs, and all agenda lIleetings, and for all
travel in connection therewith. Said meetings are estimated to total
ten (10) in number per month. Said sum shall also fully compensate for
the first thirty-seven (37) hours of services rendered per 1Il0nth in
addition to all of said meetings. All service~ rendered in ..xcess of
said services shall be compensated at the rate of $120.00 per hour.
Attorneys shall be compensated for all litigation services on behalf
of city at the rate of $l20.00 per hour. Services to be eOlllpensated
at the hourly rate shall be billed monthly and paid to McDougal, Love,
Eckis , Grindle, and not as additional salary or subject to additional
benefits.
The compensation paid to the city Attorney as salary shall
be subject to withholding taxes, unemployment insurance, and other
matters normally associated with salaried employees. Any and all
compensation paid to the law firm over and above said salaries shall
be paid directly to the law firm and not to the individual lIlembers
thereo!, shall not be deemed salary and shall not be subj..ct to
withholding taxes, unemployment insurance, retirement benefits or other
Such matters normally associated with salaried elllployees.
Agency shall pay Attorneys for all services as General
Counsel rendered to AgencY, including litiqation; provided, however,
that General Counsel shall be compensated for his attendance at Agency
meetings all part of his salary as City Attorney. Services to be
compensat~d at the hourly rate shall be billed monthly and paid to
McDougal, Love, Eckis & Grindle.
IV. Ben"fits. The city Attorney, Deputy City At;torney, and
Assistant City Attorneys shall be employees of the city. As such, the
City Attorney, and only the city Attorney. shall be full time and
entitled to full-time membership in the Public Employees' Retirement
System based upon the allocation of salary to the City Attorney set
to~n below. Tne City shall take all steps necessary to provide caid
PERS benefits prospectively and to assure the provision ot said
benefits from July 1, 1983 to the date of termination hereof, as
previously agreed, or provide comparable benefits. Tne city Attorney
shall be entitled to receive the same health, life insurance and
disability bon.fit. on thQ sam. t.rms ~nn conditions available to any
other managelllent employee of the city.
v. Al1oc~tion or ComDp.ns~tion. The allocation among the city
Attorney, Deputy City Attorney, and Assistant City Attorneys of salary
shall be as follows:
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_ _ city Attorney $ 7. 9QS;. 00
Deputy City Attorney 00.00
~~~iatant City Attorneys ___OO~
VI. PerfOTm8nCe Review. The City and the Agency shall formally
review tne perrormance or AttorneY5 on an annual basis. The form and
content of that evaluation shall be as determined by the city and
Agency. In any event, however, said evaluation shall include at least
one meeting annually between Attorneys and the City council tor the
express purpose of discussion or job pertormance.
VII. Amendments. The compensation and benefits terms of this
agreement shall be revised annually at the time of City budget
consideration. Any revisions to said benefits shall b~ memorialized
by either written amendment hereto or by letter agreement.
VIII. Attornevs' Status. The individual attorneys designated in
Section V above shall be deemed employees of the city of Poway.
IX. StlltutOrv settl..m..nt Limitations. Regardless of the term of
this contract, if the contract is terminated the maximum cash
settlement tor termination that the e~ployee may receive shall be an
amount equal to the monthly salary of the employee multiplied by the
number of months left on the unexpired term of the contract. If the
unexpired term of the contract is greater than lB months, the maximum
c8sh settlement shall be an amount equal to the monthly salary of the
emploYQc multiplied by lB. The cash settlement formula is a cap or
maximum ceiling that may be paid by the City and shall not be construed
as a target or example of the amount of the cash settlement to be paid
by tne City to the employee in the event of contract termination. The
cash settlement shall not include any other non cash itelllS except
health benefits. Health benefits may be continued for the same
duration of time as covered in the settlement or until the employee
finds other employment, whichever occurs first. It is the intention
of the parties that this paragraph comply with the requirements of
Government Code section 53260 ~~. In the event of any conflict
between this provision and those code sections, the terms of those code
sections shall govern the contractual relationship between the employer
and the employee.
X. M~Kina of Aoreement. No member of Attorneys who is a public
official has participated in his or her official capacity with the city
or the Agency in the cliscu,"" ion , ncgotiation, or making of thi..
Agreement, nor has any member of the firm advised the City council, any
member thereof, or any member of city or Agency staff with regard to
tnis Agreement. Neither the City nor the Agency has ..OU9ht any advice
from any member of the firm with regard to this Agreement and
understands that such advice cannot and will not be provided to the
city or the Agency by any member of the firm.
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1X. 'F..n1:.i..r. Aareement. This Agreement constitutes the entire
aqreement of the parties and supersedes any and all other agreements
between the parties with respect to tne subject matter hereOf.
XI. ~"'''Ql!tiv. nRl~Q.. The effective date of this Aqreement shall
be July 1, 1998.
Executea on the aa'Ce and y....... (1rst indicated above at Poway,
California.
CITY OF POWAY,
a Municipal corporation
By
DON HIGGINSON, Mayor
POWAY REDEVELOPMENT AGENCY
By
DON HIGGINSON, Chair
McDOUGAL, LOVE, ECKIS & GRINDLE,
a Professional corporation
By
STEPHEN K. ECKIS
Concurrence:
STEPHEN M. ECKIS
LYNN R. McDOUGAL
TAMARA A. SMITH
GL:f:NN SABINE
MORGAN L. FOLEY
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- EXHIBIT "A"
Attomev Services
Except as provided elsewhere in this Agreement, Attorneys shall
provide, in a professional manner, all of the usual, custOlDary and
necessary services, normally provided by a City Attorney and
Redevelopment Agency General counsel, to City and the Redevelopment
Agency, as those services are required. Scope of services to be
provided shall include the following:
1. Attendance at City Council/R~d@velopment Agency meetings:
2. Regular established office hours at city Hall;
3. Attendance at departmental meetings, staff meetings or
committee meetings deemed necessary and appropriate, or as requested
by the City Manager or City council;
4. Research, preparation or review of all written opinions,
ordinances, resolutions, agreements, leases, public works contracts,
and other documents of a legal nature necessary or requested by the
City Manager, Redevelopment Agency or city councll;
5. provision of all legal advice on behalf of the city to
City Councilmembers, City Manager, Commissioners, department heads
and other designated personnel as appropriate:
6. Commencement and prosecution of all criminal actions
necessary and appropriate to enforce municipal ordinances, includinq
enforcement through administrative proceedings;
7. Monitoring and advising the City Council and staff of
legislation and case law affecting the City;
e. Representing the City/Redevelopment Aqency in the
administration of all claims and litigation filed by or aqainst it;
provided, however, that special counsel may be retained to defend or
prosecute actions requiring special expertise; further provided,
that outside counsel shall be retained in the event of a conflict of
interest which disqualifies the Attorneys from such representation:
9. Representing the city/Redevelopment Aqency as issuers
counsel in financlnq matters as requested by the city Manager or
Redevelopment Agency.
10. Rendering advice and assistanc@ to City.s representatlves
on labor relations matters, reviewing memoranda of understanding or
other labor agreements, drafting implementing leqislation or other
pertinent documents and representation of City before mediators or
arbitrators on matters arising from memoranda of understanding or
the City's personnel rulee;
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11-. Rendering advice and assistance in the administration of the
city's general liability risk management and insurance programs;
l2. Monitoring activities of any special counsel retained by the
City; ...nd
l3. providing conflict of interest assistance to Council/Agency
and staff on behalf of the City/Redevelopment Agency anti aa,lil.5t.i.ng
members and staff in seeking advice from the FPPC.
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