Item 6 - Approval of Amendment to Agreement for City Attorney ServicesDATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
March 16, 2021
Honorable Mayor and Members of the City Council
Chris Hazeltine, City Manager
Chis Hazeltine, City Manager
chazeltine@poway.org
CITY COUNCIL
Approval of Amendment to Agreement for City Attorney Services
The City Council conducted a performance evaluation of the City Attorney, Alan Fenstermacher, and
Rutan & Tucker, LLP, the law firm that provides City Attorney services, wherein the City Council
determined that the City Attorney has exceeded its expectations and goals. Based on this positive
evaluation, the City Council desires to amend the City Attorney Services Agreement to increase certain
hourly rates for specialized work, while not modifying the contract with respect to the monthly
retainer.
Recommended Action:
It is recommended that the City Council authorize the Mayor to execute the First Amendment to the
City Attorney Services Agreement between the City of Poway and Rutan & Tucker, LLP.
Discussion:
Rutan & Tucker has provided City Attorney services to the City of Poway since January 1, 2018, with
Alan Fenstermacher serving as the designated City Attorney for that entire time period. Per the terms
of the City Attorney Services Agreement, the City Council is required to conduct an evaluation of the
City Attorney's performance each year where, upon a positive review, the rates are increased by the
same amount as the Consumer Price Index ("CPI") for the All Urban Consumers for the San Diego
County area. The City Council may also consider other amendments to the Agreement, including
upward adjustments to rates.
The City Council conducted its performance evaluation on March 2, 2021, and determined that the
City Attorney has exceeded the Council's goals and expectations. In addition to other
accomplishments, the City Attorney successfully appealed a determination by the California
Department of Tax & Fee Administration that saved the City from being billed over $1,800,000 in
additional taxes. In light of the track record of over three years of positive performance reviews, the
City Council desires to amend the Agreement to increase rates for specialty services only, which will
ensure that attorneys with the appropriate expertise are able to work on such matters. The monthly
retainer amount is not impacted by this amendment.
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Environmental Review:
This item is not a "Project" pursuant to the California Environmental Quality Act ("CEQA") and is
therefore not subject to CEQA review.
Fiscal Impact:
Based on services rendered in 2020, this amendment could increase expenditures by approximately
$28,000, although this is largely dependent on factors outside of the control of both the City and
Rutan & Tucker, LLP.
Public Notification:
None.
Attachments:
A. First Amendment to City Attorney Services Agreement
Reviewed/ Approved By:
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
March 16, 2021, Item #6
FIRST AMENDMENT TO CITY ATTORNEY SERVICES AGREEMENT
THIS FIRST AMENDMENT TO CITY ATTORNEY SERVICES AGREEMENT ("First
Amendment") is made and entered into effective this 16th day of March, 2021, by and between the
City of Poway, a municipal corporation ("City"), and Rutan & Tucker, LLP, a California limited
liability partnership ("Attorney").
RECITALS
1. Following a request for proposals and interview process, Attorney was selected to
provide legal services to the City, effective January 1, 2018, pursuant to that certain City Attorney
Services Agreement, dated December 19, 2017.
2. Section 4.5 of the Agreement requires the City Council to conduct an evaluation of
the Attorney's performance, where upon a positive review, all rates of compensation shall be
increased an amount equal to the Consumer Price Index ("CPI") for All Urban Consumers for the
San Diego County area.
3. Section 4.5 of the Agreement also allows the City and Attorney to further modify the
rates beyond CPI by mutual agreement.
4. On March 2, 2021, the City Council conducted the evaluation contemplated by
Section 4.5 of the Agreement, where the City Council determined that the City Attorney has
exceeded the City Council's expectations and goals, financially and otherwise.
5. The City and Attorney desire to enter into this First Amendment in order to increase
certain rates for specialized legal work beyond the CPI increase to which the Attorney is entitled,
although the monthly retainer shall only be increased in an amount equal to the CPI increase.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
Section 1. Section 4.1 of the Agreement shall be amended to replace the following
existing rates, effective April 1, 2021:
Special Legal Services: $295 per hour for all attorney work ($200 for paralegal work)
Specialized Litigation: $355 per hour for all attorney work ($200 for paralegal work)
Section 2. Section 4.5 of the Agreement is amended to replace the phrase "July 1 of
each year" with "April 1 of each year."
Section 3. Section 7.1 of the Agreement is amended to replace "611 Anton Boulevard,
Suite 1400, Costa Mesa, California, 92626" with "18575 Jamboree Road, 9th Floor, Irvine, CA
92612."
Section 4. All capitalized, defined terms in this First Amendment shall have the same
definition as set forth in the Agreement, unless specifically defined herein.
Section 5. Except as otherwise amended by this First Amendment, all other terms and
conditions of the Agreement shall remain in full force and effect.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed the day and year first above written.
CITY OF POWAY ATTORNEY
By ____________ _ By ______________ _
Steve Vaus, Mayor Alan Fenstermacher
ATTEST:
Vaida Pavolas, City Clerk
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