2000-089 City Attorney RESOLUTION NO. 2000-89
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ENCINITAS REGARDING
THE AMENDMENT TO THE CITY ATTORNEY'S PROFESSIONAL SERVICES
AGREEMENT
BE IT RESOLVED by the City Council of the City of Encinitas, Califonia, that:
1. Effective October 1, 2000, Glenn Sabine of Counsel Sparber, Ferguson, Ponder &
Ryan and the City renews its Agreement regarding the provision of legal services
to the City of Encinitas with various provisions amended; Glenn Sabine shall
continue to serve as City Attorney at the pleasure of the City Council subject to
the following terms and conditions.
2. For the following non-litigation services, Glenn Sabine of Counsel Sparber,
Ferguson, Ponder & Ryan shall receive a monthly retainer of $6,500 for the first
50 hours of legal services provided, together with a basic hourly rate of $130 per
hour for additional non-litigation and litigation services provided over 50 hours
monthly. Duties shall include:
a) Legal services at all regular meetings of City Council and Planning
Commission;
b) Legal services to boards and commissions upon request;
c) Legal advice and assistance to City staff on accomplishing tasks identified
by City Council action;
d) Legal assistance to the City staff upon request by the City Manager;
e) Upon request of the City to handle certain litigation, Glenn Sabine of
Counsel Sparber, Ferguson, Ponder & Ryan shall receive the basic hourly
rate of $130 per hour for rendering litigation-related services. No civil
litigation item shall be dismissed, settled or otherwise disposed of without
City Council approval;
f) The parties agree to participate in team building as prescribed by the City
Manager.
3. The basic hourly rate shall be $130 per hour and shall continue thereafter until the
parties agree otherwise.
4. Glenn Sabine of Counsel Sparber, Ferguson, Ponder & Ryan shall receive an
annual allowance each fiscal year of $2,500 for continuing legal education and
professional development activities related to municipal law.
5. The City of Encinitas shall not be responsible for insurance, retirement benefits,
vacation benefits, worker's compensation benefits or sick leave benefits.
6. Glenn Sabine of Counsel Sparber, Ferguson, Ponder & Ryan shall receive an
annual allowance of $2,000 for updating library resources and to defray the cost
of computer aided research and updating software/equipment necessary to
accomplish the duties of City Attorney.
7. Glenn Sabine and the finn agree not to charge for travel expenses related to City
business including Court appearances and meetings. In consideration thereof, City
agrees to provide Glenn Sabine a monthly automobile allowance of $500.
8. Glenn Sabine of Counsel Sparber, Ferguson, Ponder & Ryan may utilize special
legal Counsel services for special projects and conflict issues at rates necessary
and appropriate to compensate attorneys for such services upon consultation with
and approval of the City Manager.
9. Glenn Sabine of Counsel Sparber, Ferguson, Ponder & Ryan shall provide to the
City evidence of liability, errors and omissions, and automobile liability insurance
in the amount orS1,000,000 upon adoption of this resolution.
10. This appointment may be terminated by the City Council:
a. For cause, at any time, upon giving sixty days notice; or
b. Without cause, upon giving six months notice.
PASSED AND ADOPTED by the City Council of the City of Encinitas this 15th day of
November, 2000 by the following vote, to wit:
AYES: Bond, DuVivier, Guerin¥ Holz.
NAYS: Cameron
ABSENT: None.
Chuck DuVivier, Mayor of the City
of Encinitas, California
ATTEST:
DEBORAH CERVONE, City Clerk