CC Resolution 13019 - Approval of Sixth Amended City AgreementRESOLUTION NO. 13019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING A SIXTH AMENDED AGREEMENT FOR CITY ATTORNEY
SERVICES AND ADJUSTING COMPENSATION OF THE CITY ATTORNEY
FOR SERVICES PERFORMED BY PARALEGALS AND LAW CLERKS
WHEREAS, William Seligmann was appointed as Interim City Attorney for the
City of Campbell (City) in October of 1985, and later appointed as City Attorney
commencing January 1, 1987; and
WHEREAS, William Seligmann has effectively preformed the duties of his office
during his long tenure as City Attorney; and
WHEREAS, the City has previously covered payment of the full premium for
medical insurance policies for the City Attorney and his eligible family members;
and
WHEREAS, the City Attorney's agreement was not previously amended to reflect
the practice of the City's payment of the full medical premiums; and
WHEREAS, the parties desire to amend the agreement to reflect the ongoing
practice with respect to the payment of medical insurance premiums; and
WHEREAS, in a paper presented at the California League of Cities Annual
Conference on September 22, 2011, attorney Brian Libow advised that the
requirements of California Government Code section 53202.3 allow for a city to
pay a higher share of the premiums for some employees, as long as the same
basic medical insurance plans or policies are available to a large group of
employees; and
WHEREAS, in April of 2021, the City Attorney restructured the rate structure of
his office as set forth in City Council Resolution No. 12708 to eliminate a
surcharge, which resulted in a significant savings to the City and reduction in
compensation the City Attorney's Office; and
WHEREAS, the hourly rate charged for paralegal and law clerk services for
services ,not covered under the City Attorney's monthly retainer of $150 dollars
per hour has remained unchanged since July 1, 2013; and
WHEREAS, the City Council has determined that an adjustment to the City
Attorney's compensation rate for paralegals and law clerks is warranted;
Page 1 of 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Campbell as follows:
1. The City Council approves the Sixth Amended Agreement for City
Attorney Services, as attached hereto, and authorizes the Mayor to
execute the Agreement; and
2. The City Attorney's compensation rate for service performed by
paralegals or law clerk that are not covered under the monthly retainer
shall be $160 per hour for services performed on or after July 1, 2023,
while all other rates of compensation shall remain as adopted by City
Council Resolution No. 12708, attached hereto.
PASSED AND ADOPTED this 18t" day of July, 2023, by the following vote:
AYES:
Councilmembers: Lopez, Scozzola, Furtado, Landry, Bybee
NOES:
Councilmembers: None
ABSENT:
Councilmembers: None
ATTEST:
Oc
Andrea San rs, City Clerk
Page 2 of 2
APPROVED:
Anne C. Bybee, Mayor
SIXTH AMENDED AGREEMENT BETWEEEN THE CITY OF CAMPBELL_ AND
WILLIAM R. SELIGMANN FOR CITY ATTORNEY SERVICES
WHEREAS, on or about January 1, 1.987, the City Council of the -CITY OF
CAMPBELL did retain William R. Seligmann, of the law office of WILLIAM R.
SELIGMANN; to provide legal services to the CITY OF CAMPBELL; and
WHEREAS, the parties desire to update the Agreement to be consistent with
current practices;
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) continues 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 (City). His duties will' be attendance at all regular 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, as more fully set forth in this Sixth Amended
Agreement For City Attorney Services.
2. Regular Duties
A. The City Attorney, 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 are to be provided by special counsel.
B. The City -Attorney or his representative shall also attend meetings of other
boards, 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
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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 City Attorney shall
only provide legal advice to 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 may be requested by the City Council or City Manager.
F. The City Attorney shall at all times endeavor to provide a response to the City
Council, City Manager, 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 necessarily the final
researched 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 exceptions that: (1)
the City shall pay the full premium for any medical insurance coverage for the City
Attorney and eligible family members on any insurance policy made available to
department heads, in keeping with the City's past practice, which is hereby
affirmed; and (2) the City Attorney 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. 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 hourly rates over and above the City Attorney's
monthly retainer.
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.
Page 2 of 6
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. Additionally,
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, and periodicals, as well
as any and all 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.
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, appearances 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, its officers, officials and employees
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, its officers, officials and employees 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.
Page 3 of 6
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 Attorney 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 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 area.
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 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 a non-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 regular duties and representation in
Page 4 of 6
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 are normal and appropriate for the City Attorney to attend.
B. Services of other attorneys employed under the supervision of the City
Attorney 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
Attorney'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.
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 Attorney by the City within thirty (30) 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.
Page 5 of 6
11. Termination
This Agreement may be terminated upon either party giving the other sixty (60)
days written notice.
12. Effective Date
This Sixth Amended Agreement shall be effective from July 1, 2023, 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
day of , 2023.
CITY OF CAMPBELL
Anne C. Bybee, Mayor William R. Seligmann
Page 6 of 6
RESOLUTION NO.12708
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBE;LL THE
ADJUSTING COMPENSATION OF THE CITY ATTORNEY
WHEREAS, William Seligmann was appointed as Interim City Attorney in October of
1985, and later appointed as City Attorney commencing January 1, 1987;
WHEREAS, the City has experienced a significant decline in revenue in 2020 and 2021
due to the COVID-19 pandemic;
WHEREAS, the City Attorney agreed to reduce his annual compensation by at least five
percent (5%) in recognition of the City's revenue decline;
WHEREAS, the proposed reduction in compensation will include the elimination of the
surcharge presently charged on services provided under the monthly retainer.by attorneys other
than the City Attorney;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that
pursuant to Section 7 of the Fifth Amended Agreement for City Attorney Services, the City
Attorney's compensation shall be as follows for services performed an or after April 1, 2021:
1. The City Attorney will be compensated as follows for services provided under the
monthly retainer pursuant to paragraph A of section 7 of the Fifth Amended Agreement for
City Attorney Services: $20,640
2. The City Attorney will be compensated at the following hourly rates for services
provided by the following members of City Attorney's firm that are not covered by the
monthly retainer:
City Attorney and Firm Partners: $350/hour
Associates: $275/hour
Clerks/Paralegals: $150/hour
PASSED AND ADOPTED this 41h day of May, 2021, by the following vote:
AYES: Councilmembers: Bybee, Landry, Lopez, Resnikoff, Gibbons
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
p r
Andrea Sand&'S' , Deputy City Clerk
APPROVED:
ff
/ tiza eth "Liz' Gibbons, Mayor
Page 1 of I
FIFTH AMENDED ,AGREEMENT FOR CITY ATTORNEY SERVICES
WHEREAS, on or about January 1, 1.987, 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. Seligniann 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 regular 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 Attorney, 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 Attorneys 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 are to be provided
by special counsel.
B. The City Attorney or his representative shall also attend meetings of other boards,
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
Page 1 of 5
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
may be 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 necessarily the final researched 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.
Page 2 of 5
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, appearances 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 Attorney 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 rightto 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
Page 3 of 5
with its designated employee representative. The City Attorney may be required, however,
to advise and defend the City on persomiel 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 area.
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 =a. 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 a non-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 regular 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 are normal and appropriate for the City
Attorney to attend.
B. Services -of other attorneys employed. under the supervision of the City Attorney 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 Attorneys 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.
Page 4 of 5
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 Attorney by the City within
thirty (30) 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.
I L 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 18th
day of ,imp , 2013.
CITY OF CAMPBELL
E
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William R.-Seligmann