Item 34 - City Attorney Contract
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AGENDA REPORT SUMMARY
" TO: Honorable Mayor and Members of City Council
Honorable Chairman and Members of the
Redevelopment Agency
FROM: James L. Bowersox, City Manager/Exec~
Director
DATE: August 1, 1995
SUBJECT: City Attorney Contract
ABSTRACT
The annual contract for legal services provided by McDougal, Love, Eckis & Grindle for
both the City of Poway and the Poway Redevelopment Agency has been received for Council
and Agency consideration and is attached as Exhibit A.
ENVIRONMENTAL REVIEW
This action is exempt from CEQA review.
FISCAL IMPACT
Funding sufficient to meet the terms of the City Attorney contract have been included
with the approved combined Financial Program for Fiscal Year 1995-96.
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 attached
City Attorney contract.
ACTION
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CITY OF POWAY
AGENDA REPORT
Th1s r-epol"t 1$ 1ncll,lded on the Consent C.landar. There will b. no saparat. d11cwslfon of the report p.-ior to approval by
the City Council un1.SI member. of the Council, staff or public raqw..t it to b. r.-ovad fr-om the Consent C.landar and
discus.ad s.parately. If you wish to have this report pulled 101" discus. lon, pl.... fill out. .lip indicating the
report number and giva it to the Cfty Clark prior to the beginning of the City Cownc11 ...ting.
TO: Honorable Mayor and Members of the City Council
Honorable Chairman and Members of the Redevelopment Agency
FRO": James L. Bowersox, City Manager/Executive Dir~
DATE: August 1, 1995
SUBJECT: City Attorney Contract
BACKGROUND
The annual contract for legal services provided by McDougal, Love, Eckis &
Grindle for both the City of Poway and the Poway Redevelopment Agency has been
received for Council and Agency consideration and is attached as Exhibit A.
FINDINGS
The City Attorney contract for legal services for both the City of Poway and
the Poway Redevelopment Agency has been renewed annually by the Council/Agency.
The terms of the contract remain essentially the same with the exception of
Section V - Allocation of Comoensation. The amendment to this section provides
that the entire monthly salary of $7,275 be attributed to the City Attorney. The
contract does not propose an increase in the salary provision or an increase in
the $115 hourly rate billed for services provided beyond those covered by the
salary provision.
ENVIRON"ENTAL REVIEW
This action is exempt from CEQA review.
FISCAL I"PACT
Funding sufficient to meet the terms of the City Attorney contract have been
included with the approved combined Financial Program for Fiscal Year 1995-96.
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AUG 1 1995 ITEM 34
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-- Agenda Report
August I, 1995
Page 2
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
attached City Attorney contract.
Attachments: Exhibit A - Annual Contract from McDougal, Love, Eckis & Grindle
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McDOUGAL. LOVE. ECKIS & GRINDLE
A PROFESSIONAL CORPOR...TION
LYNN R. MSOCUGAL ATTORNEYS AT LAW OF COUNSEL
S. MICI-lAEL LOVE FOUR SIXTY NORTH MAGNO!.IA
STEPI-lEN M. E:CKIS LEROY W. I<.NUT50N
DANIEL. W GRINDLE DRAWER 1466 .JOHN $. MEYER
TAMARA A. SMITH EL CA.JON, CALIF'"ORNIA 92022.1466
STEVEN E BOEHMER
CAl=lOL T. BANKS (619) 440.4444
FAX (619) 440-4907
July 5, 1995
Honorable Mayor and Councilmembers
City of poway
13325 Civic Center Drive
Poway, California 92064
Re: Citv Attornev Contract
Honorable Mayor and Councilmembers:
McDougal, Love, Eckis & Grindle submits herewith its proposal
for the provision of City Attorney services for fiscal year 1995-96.
There are no substantive changes from last year's contract.
The firm does not propose any change from the $115 per hour rate
for extraordinary services and litigation. That rate has not changed
since 1990-91.
You will find herewith the draft agreement. As is our customary
practice, no member of the firm will participate in his or her
official capacity with you or staff in the making of the 1995-96
agreement, or otherwise assist or advise you in connection with it.
FPPC regulations now permit the undersigned to negotiate the terms of
the agreement acting on behalf only of the law firm and not on behalf
of the City or the Agency.
Should the City or the Agency require legal advice concerning
the negotiation or any other aspect of the agreement, that advice
cannot be provided by any member of this firm.
We look forward to your review of the proposal and the
opportunity to continue to serve you in the coming year.
Very truly yours,
& GRINDLE
By
SME/gf
Enclosure
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EXHIBIT A
AUG 1 1995 ITEM 34
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- AGREEMENT BE'IWEEN
THE CITY OF POWA Y AND
THE POWAY REDEVELOPMENT AGENCY
AND
McDOUGAL, LOVE, ECKIS & GRINDLE
A ProCessional Corporation
THIS AGREEMENT is made this _ day of , 1995, by and
between the City of Poway, a Municipal Corporation, sometimes
hereinafter referred to as "City" and the poway Redevelopment Agency,
sometimes hereinafter referred to as "Agency" and McDougal, Love, Eckis
& Grindle, a Professional Corporation, and the undersigned individual
attorneys, sometimes hereinafter collectively referred to as
"Attorneys" . The parties agree that Attorneys shall be retained by the
City and the Agency to perform legal services on the terms and
conditions set forth hereinafter as follows:
I. Iu.J!l. 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. Emolovment of citv Attornev. etc. The City and Agency shall
employ the following designated members of the law firm of McDougal,
Love, Eckis & Grindle during the term of this Agreement to serve the
City and Agency in the following capacities:
Stephen M. Eckis City Attorney, General Counsel
Lynn R. McDougal Deputy City Attorney, Deputy General Counsel
Tamara A. Smith Assistant City Attorney, Assistant General Counsel
Carol T. Banks Assistant City Attorney, Assistant General Counsel
The City Attorney shall devote full time to the performance
of those duties set forth on Exhibit "A," including the provision of
Political Reform Act conflict of interest assistance on behalf of the
City to City employees and officials upon appropriate request. The
City Attorney shall represent the City in all litigation except that
for which the City Attorney retains special litigation counsel.
General Counsel shall perform those duties set forth on
Exhibit "A" applicable to general counsel, including the provision of
Political Reform Act conflict of interest assistance on behalf of the
Agency to Agency employees and officials upon appropriate request.
General Counsel shall represent the Agency in all litigation except
that for which General Counsel retains special litigation counsel.
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The Attorneys' duties shall specifically include those set
forth in Exhibit "A" attached and shall be performed by such members
of the law firm as designated by the City Attorney and under his
supervision.
III. Comoensation. City shall pay to the above designated
members of Attorneys salaries in the total sum of $7,275.00 per month
effective July 1, 1995. Said sum shall fully compensate for attendance
at all official meetings of the City Council/Redevelopment Agency
including workshop meetings, and all agenda meetings, 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 month in
addition to all of said meetings. All services rendered in excess of
said services shall be compensated at the rate of $115.00 per hour.
Attorneys shall be compensated for all litigation services on behalf
of City at the rate of $115.00 per hour. Services to be compensated
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. All compensation provisions hereof shall be effective
August I, 1995.
The compensation paid to the City Attorney, Deputy and
Assistant as salaries 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 members thereof, shall not be deemed salary and shall
not be subject to withholding taxes, unemployment insurance, retirement
benefits or other such matters normally associated with salaried
employees.
Agency sha 11 pay Attorneys for all services as General
Counsel rendered to Agency, including litigation; provided, however,
that General Counsel shall be compensated for his attendance at Agency
meetings as part of his salary as City Attorney. Services to be
compensated at the hourly rate shall be billed monthly and paid to
MCDougal, Love, Eckis & Grindle.
IV. Benefits. The City Attorney, Deputy City Attorney, and
Assistant City Attorney 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
forth below. The City shall take all steps necessary to provide said
PERS benefits prospectively and to assure the provision of said
benefits from July 1, 1983 to the date of termination hereof, as
previously agreed, or provide comparable benefits. The City Attorney
and the Assistant City Attorney shall be entitled to receive the same
health, life insurance and disability benefits on the same terms and
conditions available to any other management employee of the City.
V. Allocation of Comoensation. The allocation among the City
Attorney, Deputy City Attorney, and Assistant City Attorney of salary
shall be as follows:
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- City Attorney $ 7.275.00
Deputy City Attorney 0.00
Assistant city Attorney 0.00
VI. Performance Review. The City and the Agency shall formally
review the performance of Attorneys 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 for the
express purpose of discussion of job performance.
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 be 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. Statutorv Settlement Limitations. Regardless of the term of
this contract, if the contract is terminated the maximum cash
settlement for termination that the employee 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 18 months, the maximum
cash settlement shall be an amount equal to the monthly salary of the
employee multiplied by 18. 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 the City to the employee in the event of contract termination. The
cash settlement shall not include any other non cash items 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 et sea. 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. Makino of Aareement. 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 discussion, negotiation, or making of this
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
this Agreement. Neither the City nor the Agency has sought 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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IX. Entire Aareement. This Agreement constitutes the entire
agreement of the parties and supersedes any and all other agreements
between the parties with respect to the subject matter hereof.
XI. Effective Date. The effective date of this Agreement shall
be July 1, 1995.
Executed on the date and year first indicated above at Poway,
California.
CITY OF POWAY,
a Municipal Corporation
By
DON HIGGINSON, Mayor
POWAY REDEVELOPMENT AGENCY
By
DON HIGGINSON, Chair
By
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Attorney Services
Except as provided elsewhere in this Agreement, Attorneys shall
provide, in a professional manner, all of the usual, customary 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/Redevelopment 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 or City Council;
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, including
enforcement through administrative proceedings;
7. Monitoring and advising the City Council and staff of
legislation and case law affecting the City;
8. Representing the City/Redevelopment Agency in the
administration of all claims and litigation filed by or against 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. Rendering advice and assistance to City'S representatives on
labor relations matters, reviewing memoranda of understanding or other
labor agreements, drafting implementing legislation or other pertinent
documents and representation of City before mediators or arbitrators
on matters arising from memoranda of understanding or the City'S
personnel rules;
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10. Rendering advice and assistance in the administration of the
City's general liability risk management and insurance programs;
11- Monitoring activities of any special counsel retained by the
City; and
12. Providing conflict of interest assistance to Council/Agency
and staff on behalf of the City/Redevelopment Agency and assisting
members and staff in seeking advice from the FPPC.
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