City Council
MEETING DATE: 12/9/2015
TITLE:
Title
Legal Services Contract
End
FROM:
Charlie McClendon, City Manager
RECOMMENDATION:
Recommendation
The Council Subcommittee recommends the City Council approve a contract for Legal Services with Burke, Williams & Sorenson, LLP in the amount of $32,250 monthly.
Body
BACKGROUND:
In September, Council decided to issue a Request for Proposals seeking law firms to provide general legal services for the City. Thirteen responses were received. Based on the responses received, Council then selected five firms as finalists and conducted interviews with those firms during a special meeting on October 30, 2015. As a result of those interviews two firms were then selected for follow-up interviews, which were held on November 11, 2015. A Council subcommittee consisting of Mayor Henry and Mayor Pro Tem Pettis was then asked to negotiate a legal services agreement with the top rated firm, Burke, Williams & Sorenson.
DISCUSSION:
The subcommittee met on November 24, 2015 with Eric Vail, who will be designated in the contract as the City Attorney and with Erica Vega, who will service as Assistant City Attorney. An agreement was reached whereby the monthly retainer of $32,500 will cover the vast majority of general legal services required by the City. The amount was reached based on a review of recent legal bills incurred by the City. Items covered in the monthly retainer will include the following:
Municipal Corporate Matters
Attend City Council, Planning Commission and Architectural Review Subcommittee Mtgs. (includes strategic planning sessions and team building)
Attend Agenda Review Mtgs. (2x/month)
Review City Council, Planning Commission, and Architectural Review Subcommittee Agenda/Reports
Telephone calls with Mayor, City Council members, and City Manager and Executive Staff
Conflicts of Interest / Public Ethics advice (includes AB 1234 Training & Letters to FPPC)
Interpret / Amend Council protocols, organizational rules
Brown Act advice
Public Records Act advice
Prepare / Review basic ordinances / resolutions
Prepare / Review standard form Service & Repair/Maintenance Agreements
Prepare / Review standard form Public Works Agreement and Standard Conditions; Review Special Conditions
Advise on appropriate procurement methods (direct negotiation, RFQ, RFP, Bidding)
Review / Interpret existing contracts / agreements / leases of the City
Review / Interpret City Ordinances & Policies
Advise on applicability of new legislation and new case law
Planning & Engineering Support (excluding any reimbursable work)
Review / Interpret Planning & Zoning Law
Review / Interpret Subdivision Map Act
Review / Interpret CEQA
Review / Interpret City Ordinances & Policies
Advise on Land Use Approvals and Permits
Prepare / Review Form Subdivision Improvement Agreements
Other Department Support (excluding any reimbursable work)
Review / Interpret City Ordinances & Policies
Research general issues not more than three (3) hours per month
Respond to basic Department Head inquiries by phone and email
Basic Personnel Legal Support
Five (5) hours of general personnel advice per month
Code Enforcement Advice
Interaction and advice with Code staff
Prepare notices and demands
Items not included in the monthly not to exceed retainer will be billed separately each month. Items not included will include the following:
General (at Flat City Attorney Rate or Reimbursable Rate)
Prepare and Negotiate non-standard form agreements, such as
Property Negotiations
Purchase & Sales Agreement
Leases & Licenses
MOU / Agreements with other local agencies
Economic development agreements
Development Agreements
Research & Prepare Complex Ordinances (e.g. massage, medical marijuana, sign ordinances)
Research & Issue Opinion on complex legal issues (e.g. Prop 218 / 26 Issues)
Contract / Bidding disputes
Permit Revocations - administrative
Appeals of Planning Commission and administrative decisions to Council
CEQA Document review & advice (e.g. Initial Studies, MNDs, EIRs)
Advise on Endangered Species, Wetlands, Clean Water Act, NPDES, Programmatic Maintenance Permits other environmental laws and issues.
Advise on federal and state grant program laws and regulations (e.g. CDBG, HOME, Sidewalks to Schools)
Negotiations with and contract amendment for City Franchisees
Any disputes or negotiations with County, State, and Federal agencies.
Advisory Personnel Services. Over the five (5) hours provided in the NTE Retainer and assistance with grievances, and disciplinary items. Review, Interpretation, Amendment of Personnel Rules and Policies. Health and Retirement issues.
Tort / Police / Code Litigation (Discounted Hourly Rates)
Personal injury tort defense
Code Enforcement administrative hearings
Code Enforcement litigation
Police Pitchess Motions
Police litigation
Other Litigation (variable hourly rates)
Writs
Appeals
Non-Tort Litigation
Breach of Contract
Labor Negotiations & Personnel Litigation (variable hourly rates)
Preparations for Labor Negotiations
Handling or Supporting Labor Negotiations
Personnel Administrative processes and hearings (e.g. EEOC, Skelly)
Personnel Litigation (e.g. wrongful termination)
Experts (Posted Rate)
Services from Experts listed in RFP at direction of Client
FISCAL IMPACT:
Funds for the monthly retainer of $32,250 and for normally incurred additional costs are included in the adopted budgets for FY15-16 and FY16-17.
ATTACHMENTS:
Legal Services Contract