CC Resolution 11559RESOLUTION NO. iissa
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
ADJUSTING THE COMPENSATION OF THE CITY ATTORNEY AND AUTHORIZING
THE MAYOR TO EXECUTE A FIFTH AMENDED AGREEMENT FOR CITY
ATTORNEY SERVICES
WHEREAS, William Seligmann was appointed as Interim City Attorney in October of
1985, and later appointed as City Attorney commencing January 1, 1987;
WHEREAS, William Seligmann has ably preformed the duties of his office during his
long tenure as City Attorney;
WHEREAS, the current compensation structure assumes an average commitment of
approximately ninety-four (94) hours per month of City Attorney time, for which the City
Attorney receives a monthly retainer of $14,460, with a surcharge of $120 per hour for
services provided by other attorneys working under the City Attorney;
WHEREAS, the City Council recognizes that it may sometimes be necessary for the
City Attorney's Office to provide legal services exceeding ninety-four (94) hours per
month to address issues that the City Council and City Attorney find to be important to
the City;
WHEREAS, the City Council has determined that a change to the City Attorney's
compensation structure is warranted to appropriately compensate the City Attorney, and
provide flexibility to address matters exceeding the standard ninety-four (94) monthly
hours.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell as
follows:
Section 1: The Mayor is authorized to execute the attached Fifth Amendment
Agreement for City Attorney Services, a copy of which is attached hereto.
Section 2: Pursuant to Section 7 of the Fourth and Fifth Amended Agreement for City
Attorney Services that the City Attorney's compensation shall be as follows for services
performed on or after July 1, 2013:
1. The City Attorney will be compensated as follows for up to the first ninety-four
(94) hours of services:
Monthly Retainer: $14,749
Surcharge for attorneys providing
services under the City Attorney: $122/hour
2. The City Attorney will be compensated at the following hourly rates for services
provided by the following members of City Attorney's firm over and above the first
ninety-four (94) hours per month:
City Attorney:
Firm Partners:
Associates:
Clerks/Paralegals:
$250/hour
$313/hour
$270/hour
$150/hour
PASSED AND ADOPTED this 18~h day of June, 2013, by the following vote:
AYES: Councilmembers: xotowski, Cristina, Baker, Waterman, Low
NOES: Councilmembers: N°ne
ABSENT: Councilmembers: None
APPROVE ~ ~
Eva ow, Mayor
ATT S~:
i,/
ne Bybee, City Clerk
FIFTH AMENDED AGREEMENT FOR CITY ATTORNEY SERVICES
WHEREAS, on or about January 1, 1987, the City Council of the CITY OF CAMPBELL
did retain William R. Seligmann of the to provide legal services to the CITY OF
CAMPBELL;
WHEREAS, the parties desire to update and modify the terms of representation;
NOW THEREFORE, IT IS AGREED that the contract between William R. Seligmann and
the CITY OF CAMPBELL for City Attorney services is amended in its entirety as follows:
1. Designation of City Attorney
William R. Seligmann of the law office of WILLIAM R. SELIGMANN (currently
practicing in an Of Counsel relationship with ATCHISON, BARISONE, CONDOTTI &
KOVACEVICH) continue to be retained to provide legal services to the CITY OF
CAMPBELL, and shall continue to serve as the City Attorney for the CITY OF
CAMPBELL. His duties will be attendance at all regulaz City Council and Planning
Commission meetings, and special Council and Planning Commission meetings where
needed, and to provide legal assistance and services for Council and employees of the City.
2. Regular Duties
A. The City Attomey, or his representative, shall attend all regular meetings of the City
Council and Planning Commission, and special meetings of the City Council and Planning
Commission as needed. The City Attorney's duties in this connection shall be to render
advice and opinions with respect to all legal matters which may arise during any meetings,
excepting, however, legal matters or proceedings wherein legal services aze to be provided
by special counsel.
B. The City Attorney or his representative shall also attend meetings of other boazds,
commissions, committees and staff of the City when requested to do so by the City
Council or the City Manager, at which time legal advice shall be given or opinions
rendered. The City Attorney shall normally attend City executive staff meetings.
C. When requested to do so by the City Council or the City Manager, the City Attorney
or his representative shall prepare resolutions, notices, contracts, ordinances, opinions and
other documents and papers necessary, or appropriate, in matters pertaining to the City,
and shall examine for legal sufficiency all documents submitted to him by the City.
D. The City Attorney shall cooperate with and assist the City, its officers, agents and
employees on all general legal matters pertaining to the City, including the enforcement of
state and local laws and codes. However, the Attorney shall only provide legal advice to
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the staff when authorized to do so by the City Council or the City Manager.
E. The City Attorney shall also perform such other related legal services for the City as
maybe requested by the City Council or City Manager.
F. The City Attorney shall at all times endeavor to provide a response to the Council and
staff inquiries concerning legal matters on a "same day" basis. The intent of this
requirement is to provide city officials with a timely and immediate initial contact on legal
problems and not necessazily the final reseazched answers.
3. Special Requirements and Provisions
A. The City Attorney is retained by the City as an employee and shall be entitled to
receive those benefits granted to department heads with the exception that he shall not be
eligible for the automobile allowance or any of the paid time off provisions. The city shall
pay any and all contributions necessary to maintain the City Attorney as a member of the
Public Employees' Retirement System, except such amounts which would otherwise be the
obligation of the employee. As partial consideration for this Agreement, the City Attorney
waives any right to any portion of any refund that the City may obtain from PERS
attributable to PERS contributions made by the City on compensation resulting from the
City Attorney's previous hourly litigation rate.
B. The City Attorney shall maintain regularly scheduled office hours at a designated city
office. The hours shall be five hours per week unless different hours are mutually agreed
upon by the City Attorney and the City Council or their designated representative.
C. The City shall provide to the City Attorney those legal books, texts, and periodicals on
municipal law that are currently available at City Hall. Additional such legal material shall
be considered annually during the City budget adoption process. The City Attorney shall,
upon vacating the office of City Attorney, surrender to his successor all City purchased
books, texts, periodicals, files and other documents pertaining to city business.
D. The City Attorney shall be entitled to attend meetings and conferences such as the
League of California cities sponsored activities as approved in the City Attorney's annual
budget. He shall be entitled to reimbursement for registration, meals, lodging and
transportation on the same basis as the department heads for attending similar conferences
and meetings.
E. The City Attorney will be allowed to conduct an outside law practice.
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4. Litigation Duties
A. "Litigation" as used in this agreement shall mean the representation of the City and/or
its officers, officials and employees in judicial or quasi-judicial actions filed or pending
before a court or administrative body or in which the City has authorized the filing of a
judicial or quasi judicial action before a court or administrative body, or authorized
response to an action to which it is a party. This representation shall include negotiations
between the parties and/or their counsel, research of relevant legal authorities, preparation
of documents for filing with the court or administrative body and such related documents
as are reasonably necessary to carry-out the representation of the city and/or its officers,
officials and employees, investigation of the facts, appeazances before the court or
administrative body, consultations with the clients, necessary and appropriate
correspondence, and such other acts reasonably necessary to represent the clients.
B. The City Attorney shall represent the City in all litigation, whether civil or criminal,
required in the enforcement of the City's ordinances.
C. As authorized by the City Council, the City Attorney or his representative shall
represent the City in litigation to which the City may be a party except where a conflict of
interest exists or where the requirement of specialized legal expertise makes representation
inappropriate. In such situations, the City Council may request that the City Attorney
spend time as necessary to brief and/or coordinate the activities of specialized counsel as
their work relates to the City's interest.
5. Services of Assistants and Paralegals
A. The City Attorney may delegate some of his duties to other competent attorneys,
paralegals, or law clerks employed by him or his law firm, provided that the City Attorney
shall be personally responsible for all work performed by such assistants, and shall ensure
that all work is performed in a competent and professional manner.
B. The City Attorney, with the prior notice to the City Council, may select another person
or persons to act as City Attomey in representing the City in cases where the City Attorney
is unable to act due to illness, vacation or other reason, or when the City Attorney requires
such assistance. Such representatives will be compensated at the city Attorney's own
expense. The City Council shall have the right to reject the City Attorney's choice of
representative in its discretion.
6. Limitation of Duties
A. The City presently contracts for professional employer-employee relations services,
providing assistance with interpretation of city labor agreements and employee disciplinary
actions. The City Attorney will not be required to participate in the city negotiation process
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with its designated employee representative. The City Attorney may be required, however,
to advise and defend the City on personnel matters subject to litigation, normally involving
hiring and promotional practices, and disciplinary actions.
B. The City currently contracts for both the administration and legal representation for all
workers' Compensation claims and litigation. The City Attorney will not be required to
assist in this azea.
C. The City presently contracts for the administration and legal representation for some
general liability claims and litigation. The City Attorney's role in such cases shall be
consistent with the adopted policy of the City Council.
D. It is anticipated that major litigation in a specialized areas will be contracted out to an
appropriate law firm specializing in the particular subject area. The City Attorney will be
responsible for general oversight in such cases and for providing general legal assistance to
the other law firm as required.
7. Compensation
A. The City Attorney shall receive anon-refundable monthly retainer in an amount to be
established by resolution of the City Council. This retainer shall cover rendition of a
specified amount of the regulaz duties and representation in litigation described in sections
2 and 4 of this Agreement as determined by the City Council, as well as time spent at
seminars, professional conferences, and on educational activities intended to enhance the
City Attorney's skills and knowledge as it relates to his duties, and such team building and
staff development retreats and activities as aze normal and appropriate for the City
Attorney to attend.
B. Services of other attorneys employed under the supervision of the City Attomey shall
be billed at hourly rates established by resolution by the City Council.
C. The City Council may in its discretion authorize additional compensation for services
that would require services above and beyond those covered by the City Attorne}~s retainer.
8. Costs
The City Attorney shall be entitled to be reimbursed by the City for all costs advanced on
his behalf such as court costs, filing fees, service of process fees, juror's fees, witness fees,
investigators; fees, appraisers' fees, costs of photographs and charts in connection with
litigation, and the like.
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9. Overhead
Except as expressly provided, the City Attorney shall pay all overhead incurred in
providing City Attorney services to CAMPBELL including, but not limited to rent of the
law firm's office, telephone, secretarial, bookkeeping, postage, stationary, office supplies,
insurance, library, copying, taxes and licenses.
10. Records. Monthly Statements, and Audit
The City Attorney shall maintain careful and accurate records of all time spent by the City
Attorney to closest one-quarter (1/4) of an hour, and all reimbursable costs advanced by
the City Attorney's office in conjunction with City business. The Attorney shall render
monthly statements to the City for the performance of all regular and litigation services
showing the services performed, the hours spent, the costs advanced and the amount the
City Attorney is entitled to receive from the City for the month. If approved, the sum
shown to be due by such statement shall be paid to the City Attomey by the City within
thirty (3'0) days after said approval. Books of account and the time records of the City
Attorney pertaining to business transacted for the city shall be open to audit by the City
auditor, upon prior request of the City Council.
11. Termination
This Agreement may be terminated upon either party giving the other sixty (60) days
written notice.
12. Effective Date
This Fifth Amended Agreement shall take effect July 1, 2013, and shall supersede all prior
agreements between the City and the City Attorney.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the lath
day of dune 2013.
CITY OF
By: /~'~L~L/ ~ ~j~
Evan L 'w, Mayor William R. eligmann
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