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Item 34 - City Attorney Contract - - 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 - 1 of 10 AUG 1 1995 ITEM 34 --- ----------- 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. 2 of 10 AUG 1 1995 ITEM 34 - - -- 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 -. - 3 of 10 AUG 1 1995 ITEM 34 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 4 of 10 EXHIBIT A AUG 1 1995 ITEM 34 - .- - 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. -1- 5 of 10 AUG 1 1995 ITEM 34 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: -2- 6 of 10 AUG 1 1995 ITEM 34 - - 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. - -3- AUG 1 1995 ITEM 34 7 of 10 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 -4- 8 of 10 AUG 1 1995 ITEM 34 - EXHIBIT . A . 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; A-I 9 of 10 AUG 1 1995 ITEM 34 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. A-2 10 of 10 AUG 1 1995 ITEM 34