CC 2014-08-12_08.g. Agreement for Legal Services
MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
SUBJECT: CONSIDERATION OF AGREEMENT FOR LEGAL SERVICES
DATE: AUGUST 12, 2014
RECOMMENDATION:
It is recommended the City Council approve the revised Agreement for Legal Services
(“Agreement”) with Carmel & Naccasha.
IMPACT TO FINANCIAL AND PERSONNEL RESOURCES:
It is estimated that the revised Agreement will result in an increased annual cost of
approximately $7,000.
BACKGROUND:
The City has had an Agreement with Timothy J. Carmel for legal services for the past
twenty-one years, currently with Carmel & Naccasha and formerly with Lyon & Carmel.
There has been no change in the rate structure since 2007.
ANALYSIS OF ISSUES:
Staff proposes a 3% increase in rates, which would be consistent with the salary
adjustment provided to management employees. The Agreement sets forth two rate
structures. One is for general legal services and one for specialized legal services. The
proposed increase in the rates is as follows:
General Services Currently: General Services Proposed Increase:
$165 Partners $170 Partners
$125 Associates $129 Associates
$80 Paralegals $82 Paralegals
Specialized Services Currently: Specialized Services Proposed Increase:
$180 All Legal Services $185 Partners
$144 Associates
$98 Paralegals
Item 8.g. - Page 1
CITY COUNCIL
AGREEMENT FOR LEGAL SERVICES
AUGUST 12, 2014
PAGE2
This will bring the rates more in line with other cities in the County. Attached is a revised
Agreement, which implements this change. All other terms of the Agreement remain the
same.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1. Approve the Agreement;
2. Do not approve the Agreement;
3. Modify and approve the Agreement; or
4. Provide direction to staff.
ADVANTAGES:
Approving the Agreement will provide equitable compensation in exchange for the high
quality legal services provided by the City Attorney.
DISADVANTAGES:
Approving the Agreement will increase the City's costs for legal services.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, August 7, 2014 and the
Agenda and staff report were posted on the City's website on Friday, August 8, 2014.
Item 8.g. - Page 2
AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT is entered into by and between the CITY OF ARROYO
GRANDE (hereinafter "CITY") and CARMEL & NACCASHA LLP (hereinafter
"ATTORNEY").
This Agreement is required by Business and Professions Code Section 6148 and
is intended to fulfill the requirements of that section. ATTORNEY maintains errors and
omissions insurance coverage applicable to the services to be rendered pursuant
hereto.
1. CITY hereby employs ATTORNEY to act as attorney for CITY as a part-
time independent contractor.
2. ATTORNEY shall be paid at the hourly rates set forth in Exhibit A,
attached hereto and incorporated herein by this reference, for regular duties by an
attorney of the firm for ordinary services including, but not limited to.
a. Drafting and review of ordinances, resolutions, contracts, leases,
opinions, and similar documents;
b. Attendance at City Council meetings;
c. Rendering written and oral opinions to the City Council and/or City
Manager;
d. Reviewing contracts for correct legal form and content for insurance
compliance.
3. ATTORNEY shall be paid at the increased rates set forth in Exhibit A
when assigned to perform any of the following duties or services:
a. Defending or prosecuting actions in all courts or administrative
agencies on behalf of the CITY;
b. Representing the CITY or CITY's officers before local, State or
Federal Courts, boards, or commissions when there is opposing counsel, or when
specifically requested to do so by the CITY;
c. Any other unusual, extraordinary, or complicated matters as
requested by CITY.
4. ATTORNEY shall provide the services referred to in Paragraphs 2 and 3
only as requested by CITY's Council, its Mayor, or the CITY's City Manager.
Item 8.g. - Page 3
5. In addition to his hourly compensation, ATTORNEY will be reimbursed for
out-of-pocket expenses for such items as court filing fees, long distance telephone calls,
photocopying, fax charges and other similar out-of-pocket items.
6. It is understood and agreed that ATTORNEY may retain, on behalf of
CITY, special counsel to associate with ATTORNEY in any matter customarily requiring
or warranting the need of such special counsel by reason of their expertise in particular
I
matters, upon the recommendation of ATTORNEY and approval and authorization
thereof by the City Council or City Manager.
7. ATTORNEY is employed to serve at the pleasure of the CITY's Council
and shall at all times hold himself ready to perform CITY's duties pursuant to this
Agreement. However, it is understood that ATTORNEY is free to engage in a full-time
private practice and it will be necessary to provide adequate notice to ATTORNEY of
the need for extraordinary service.
8. This Agreement supersedes any and all prior agreements. This
Agreement can be terminated by either party giving (90) days written notice.
Dated: , 2014
CITY OF ARROYO GRANDE
By:
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
CARMEL & NACCASHA LLP:
By:
TIMOTHY J. CARMEL
Item 8.g. - Page 4
Exhibit A
1. Rates for regular duties and ordinary services as set forth in Section 2 are as
follows:
Partnera: $170
Associates: $129
Paralegals: $82
2. Increased rates for specialized services as set forth in Section 3 are as follow:
Partners: $185
Associates: $144
Paralegals: $98
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