HomeMy WebLinkAbout2006-07-11; City Council; Resolution 2006-162£jchib«> I
1 RESOLUTION NO. 2006-162
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE
3 RETENTION OF THE LAW OFFICES OF McDOUGAL
4 LOVE ECKIS SMITH BOEHMER & FOLEY FOR INITIATIVE
AND BALLOT MEASURE LEGAL ADVISOR SERVICES
5 WHEREAS, section 2.14.130 of the Carlsbad Municipal Code provides that the
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city council may employ special legal counsel under terms it considers proper; and
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WHEREAS, the City Council has determined, upon recommendation of the City
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Q Attorney, that it is necessary to retain additional special counsel for police legal advisor
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11 WHEREAS, the City Attorney has received a proposal from the law firm of
12 McDougal Love Eckis Smith Boehmer & Foley to provide initiative and ballot measure
13 legal advisor services, specifically relating to Save the Strawberry and Flower Growing
Fields Act of 2006 and the Flower Fields, Strawberry Fields, Opwn Space and Public
Trails Protection Act of 2006; and
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WHEREAS, the City Attorney recommends that the law firm of McDougal Love
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Eckis Smith Boehmer & Foley be retained as special counsel for such services.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
20 Carlsbad, California, as follows:
21 1. That the above recitations are true and correct.
22 2. That the City Attorney is hereby authorized to employ the law firm of
23 McDougal Love Eckis Smith Boehmer & Foley to provide initiative and ballot measure
24 legal advisor services as he considers appropriate pursuant to the proposal attached as
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Exhibit "A".
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3. That the City Council authorizes the expenditure of funds as may be
28 necessary to pay the fees of special counsel initiative and ballot measure legal advisor
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services provided, however, that sufficient funds are allocated in the City Attorney's
budget, and provided further that the City Attorney shall report, at least bi-monthly, to
the City Council on the status of the expenditure of such funds.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the nth day of July ,
2006, by the following vote:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
ATTEST:
(SEAL)
LEGAL SERVICES AGREEMENT
THIS AGREEMENT is entered into this 1st day of March, 2006, by and between
the City of Carlsbad, (hereinafter "the CITY") and McDougal, Love, Eckis, Smith,
Boehmer & Foley, LLP (hereinafter "ATTORNEYS").
RECITALS
The following recitals are a substantive part of this Agreement:
1. ATTORNEYS represent they are qualified by virtue of experience, training,
education and expertise to accomplish the services necessary under this Agreement;
2. ATTORNEYS are specialists in the area of condemnation law and have
extensive experience in condemnation law; and,
3. The CITY has periodically required the assistance of outside counsel on
highly specialized legal matters involving condemnation issues and overflow matters.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Term of Agreement.
This Agreement shall cover services rendered from the above-referenced
effective date of this Agreement until January 1, 2007.
2. Services to be Provided.
The services to be performed by ATTORNEYS shall consist of any and all tasks
reasonably required to advise, assist and fully represent the CITY in all legal matters
presented to ATTORNEYS and on any matters in litigation, wherein ATTORNEYS are
consulted by, or appear on behalf of, the CITY. ATTORNEY'S services shall include,
but are not limited to, matters concerning redevelopment, general municipal law, land
use matters and any and all reasonably required legal representation on behalf of the
CITY.
3. Compensation - ATTORNEYS shall be compensated as follows:
Attorney Name Hourly rate
Partners $225.00
Associates $175.00
3.1 Billing
ATTORNEYS agree to provide detailed invoicing of all billing for services
on a monthly basis. All charges must be itemized by ATTORNEYS, showing in detail
the work task performed during the billing entry. All charges must be presented in a line
item format and in a manner such that each task is separately explained in reasonable
detail, and with a specific time allocation recorded, for each task. The invoice shall
include the amount, billing rate and basis for calculation of all fees and costs.
The CITY will not accept, and will not be responsible for block or
cumulative invoice entries. ATTORNEYS shall not charge the CITY for more than one
ATTORNEY'S time when appearing at a meeting, in Court, or for performing any task
unless the CITY has expressly authorized the use of two or more ATTORNEYS for the
appearance or task.
All billing for work performed under this Agreement shall be sent to the
following:
Ronald R. Ball
City Attorney
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
(760) 434-2891
3.2 Reimbursements for Expenses
ATTORNEYS shall keep accurate records of all costs, travel and
expenses. These records shall be made available to the CITY upon reasonable
request.
The CITY will reimburse actual, reasonable and necessary out of pocket
expenses incurred by ATTORNEYS in performing any services under this Agreement
as follows:
a. Photocopying charges at no more than $0.20 per page.
b. Parking Fees at the actual amount charged to ATTORNEYS.
c. Travel/Mileage at the rate the current IRS amount per mile. Any travel
fees incurred outside of San Diego County must be authorized and
approved in advance of the CITY.
d. Statutory Fees, Witness fees, Reporters fees, Stenographic transcription,
jury fees and the cost of serving process actually incurred by
ATTORNEYS.
e. ATTORNEYS may seek reimbursement for any actual, reasonable and
necessary expenses incurred on items not identified above with the prior
authorization and approval by the CITY.
The CITY will not reimburse ATTORNEYS for any additional charges
incurred due to "rush" deliveries or "late" charges, unless such expenses are approved
in advance by the CITY and the need for such services is determined by the CITY to be
reasonably beyond the control of ATTORNEYS.
To obtain reimbursement, ATTORNEYS shall submit a quarterly summary
of expenses, along with all supporting receipts upon request by CITY.
3.3 Expert Consultations and Witnesses
Expert consultations and witnesses, and any investigators, may be
retained on terms acceptable to the CITY, authorized and approved in advance, for
which the CITY shall reimburse the ATTORNEYS or pay investigators, consultants or
experts directly. In no event shall ATTORNEYS retain any service of any expert,
investigator or consultant without first receiving express authorization and approval from
the CITY.
4. Insurance.
4.1 Professional Errors and Omissions Insurance
ATTORNEYS shall not commence any work under this Agreement
until ATTORNEYS have obtained all CITY approved insurance.
ATTORNEY shall obtain and maintain in full force and effect at all
times Professional Errors and Omissions Liability insurance in a reasonable
amount acceptable to the City Attorney.
ATTORNEY agrees to immediately notify the CITY in the event that the
limits shall fall below the acceptable coverage or if the insurance policies are allowed to
lapse and substitute insurance is, or is not, obtained.
4.2 Workers Compensation Insurance
ATTORNEY shall obtain and maintain workers compensation insurance in
accordance with section 3700 of the California Labor Code.
5. City Agent.
Ronald Ball, City Attorney, for the purposes of this Agreement, is the Agent for
the CITY. Whenever authorization or approval is required, ATTORNEYS understand
that the City Attorney has the authority to provide the authorization or approval.
6. Independent Contractor.
ATTORNEYS, and anyone employed by ATTORNEYS, are not and shall not be,
deemed employees of the CITY. ATTORNEYS are solely responsible for the payment
of employment taxes, workers compensation taxes, and any other taxes for employees.
7. Conflict of Interest.
ATTORNEYS represent that they presently have no material financial interest
other than that which may be held by the general public and shall not acquire any
interest, direct or indirect, in any contract or decision made on behalf of the CITY which
may be affected by the services to be performed by ATTORNEYS under this
Agreement. ATTORNEYS further agree that no person having any such interest shall
be employed by them. If ATTORNEYS, or their employees, acquire a direct or indirect
personal interest, such interest shall be immediately disclosed to the CITY and the
interested individual shall abstain from any contracts or decisions under this Agreement.
In addition to the proscriptions regarding conflicts of interest imposed on
ATTORNEYS by the Business and Professions Code and by California Rules of
Professional Conduct, ATTORNEYS represent that no ATTORNEY shall represent
clients before any board, commission, committee or agency of the CITY or represent
any client with interests adverse to the CITY. Furthermore, ATTORNEYS shall at all
times avoid conflicts of interest or the appearance of a conflict of interest in performance
of this Agreement. ATTORNEYS shall immediately notify the City Attorney of any
circumstances, or change of circumstances, that may provide for the potential for a
conflict of interest, or actual conflict of interest.
8. Non-Liability of Officials/Employees of the CITY.
No official or employee of the CITY shall be personally liable for any default or
liability under this Agreement.
9. Compliance with Law.
ATTORNEYS shall comply with all applicable laws, ordinances, codes and
regulations of the Federal, State and local governments. In addition, ATTORNEYS
agree to abide by all ethical and moral standards as represented by the Rules of
Professional Conduct as applied to the California State Bar.
10. Work Product.
All documents, or other information developed or received, by ATTORNEYS
pursuant to this Agreement shall be the property of the CITY. ATTORNEYS shall
provide the CITY with copies of items upon reasonable demand or upon termination of
this Agreement.
11. Notices.
All notices shall be personally delivered or mailed, via first class mail, to the
below listed address. In addition, such addresses shall be used for delivery for service
of process. ATTORNEYS agree to notify the CITY within ten (10) days of the date of
any change of address and agree to keep an updated address with the applicable
Courts on any matters that ATTORNEYS are representing the CITY.
a. Address of ATTORNEYS is as follows:
McDougal, Love, Eckis, Smith, Boehmer & Foley
460 N. Magnolia
El Cajon, CA 92020
b. Address of CITY is as follows:
Ronald R. Ball
City Attorney
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
12. Default/Termination of Agreement.
CITY and ATTORNEYS shall have the right to terminate this Agreement without
cause by giving fifteen (15) days written notice. However, ATTORNEYS shall not
substitute out as Attorneys of record on any matters it may be representing the CITY
without first obtaining written consent from the CITY, or first obtaining an appropriate
Court Order, allowing ATTORNEYS to withdraw as counsel of record.
13. Limitations Upon Assignment/Subcontracting.
ATTORNEYS agree that no portion of their performance or services rendered
under this Agreement shall be assigned by ATTORNEYS or subcontracted to any other
without prior written authorization and approval of the CITY. CITY hereby
acknowledges and consents to subcontract work by Dennis Shields and William Polk
and Of Counsel work by Charles F. Campbell.
14. Non-Discrimination.
ATTORNEYS covenant there shall be no discrimination based upon race, color,
creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any
activity pursuant to this Agreement.
15. Time of Essence.
Time is of the essence in the performance of this Agreement.
16. Entire Agreement.
This Agreement represents the Parties' final and mutual understanding. This
Agreement supersedes any previous Agreements.
17. Modification.
This Agreement shall not be modified or replaced except by another signed,
written Agreement, properly executed by the parties.
18. Waiver.
The waiver of any breach or any provision of this Agreement does not waive any
other breach of that term, or any other term, in this Agreement.
19. Partial Invalidity.
If any part of this Agreement is found for any reason to be unenforceable, all
other parts nonetheless shall remain in force.
20. Governing Law.
This Agreement shall be interpreted and construed in accordance with the laws
of the State of California.
21. Interpretation.
This Agreement shall be interpreted as though prepared by both parties.
22. Survival.
All obligations arising prior to the termination of this Agreement and all provisions
of this Agreement allocating responsibility or liability between the CITY and
ATTORNEYS survive the termination of this Agreement.
IN WITNESS WHEREOF, these parties have executed this Agreement on the
day and year shown hereinabove.
Date:
Date:
Approyed.as to Form:
Rnald R Ball
Attorney
CITY
By:
ARLSBAD
Ronald R. Ball,
City Attorney
ATTEST:
McDOUGAL, LOVE, ECKIS,
BOEHMER & FOLEY
St
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