POINT ARENA CITY COUNCIL
AGENDA ITEM SUMMARY
AGENDA ITEM: X D
MEETING DATE: 7/25/2023
TITLE
Contract with Ginevra Chandler for Legal Services
RECOMMENDED ACTION
Approve contract with Ginevra Chandler
ANALYSIS
The City has contracted with Ginevra Chandler as City Attorney since 2018 when former City Attorney Terry Gross resigned. Ms. Chandler was recommended by Ms. Gross, and in 2018 the City entered an interim agreement with her. In 2020, the City entered into a contract to provide legal services to the City Council through 2021; the agreement has been on a month-to-month basis since that time.
Attorney Chandler has worked for private firms and state and local government. Having worked on both sides of the table on governmental issues, she has a unique understanding of governmental and regulatory law. Her wide breath of expertise and experience in land use, forestry, public law, water law, natural resources law, employment law, and the Coastal Act will continue to serve Point Arena.
In May of 2023, a Request for Qualifications for a City Attorney was released with a closing deadline of June 21. Ms. Chandler was the sole respondent. Attached is a proposed 3-year contract. Ms. Chandler has graciously offered to set her hourly billing rate at $100 due to budgetary constraints.
FISCAL IMPACT
Ms. Chandler’s rate would be $100 per hour at an estimated 10-20 hours per month.
Litigation services would be billed at $200 per hour.
ATTACHMENTS
• Ginevra Chandler RFP Response
• Proposed contract with Ginevra Chandler
CITY MANAGER SIGNATURE
_________________________________
Paul Andersen, City Manager
AGREEMENT BETWEEN
THE CITY OF POINT ARENA AND GINEVRA CHANDLER, ESQ.
FOR PROVISION OF LEGAL SERVICES
This contract is dated for identification this _____________, 2023 and is made by and between the City of Point Arena, California (“City”) and the Ginevra Chandler, Esq., (“Attorney”) Ukiah, California
RECITALS
WHEREAS, the City wishes to retain the professional legal services of Ginevra Chandler, Esq. as the City Attorney;
WHEREAS, Ginevra Chandler is an attorney at law admitted to the State Bar of California and is a qualified professional capable of providing the legal professional services that The City is seeking;
NOW, THEREFORE, in consideration of the recitals and mutual promises contained herein, the City does hereby appoint Ginevra Chandler, Esq., as City Attorney and Ginevra Chandler, Esq., agrees to perform the services set forth herein in accordance with the following terms and conditions:
1. Description of Services. Attorney agrees to perform legal professional services for the City as City Attorney in accordance with State law, City Ordinances and Resolutions.
Attorney shall act as City Attorney for all purposes, including attendance at or participate in all City Council and Planning Commission meetings as necessary and performance of all legal professional services normally performed by a contract city attorney. Attorney will generally oversee and manage the legal affairs of the City and ensure that the policies, programs and activities of the City are carried out in compliance with all applicable law and that the best interests of the City are otherwise protected to the fullest extent possible.
2. Schedule and Term. The term of this contract shall be from the effective date specified in Paragraph 3 through July 31, 2026. Should the parties neglect to timely renegotiate the terms of the Agreement, the Agreement will remain in effect on a month-to-month basis until such time as the Agreement is re-negotiated or terminated.
3. Effective Date: The effective date of this contract shall be August 1, 2023.
4. Compensation. The hourly rate for services under this contract shall be $100.00 per hour. Attorney shall provide between ten (10) and twenty (20) hours per month of legal services at the hourly rate. Provision of litigation services will be billed at $200.00 per hour.
5. Payment Schedule. Attorney shall submit a bill to the City within 30 days after the end of each calendar month containing an itemized statement of professional services provided, the time expended providing those services, and expenses incurred. The City agrees to pay their proportionate share of Attorney’s costs incurred for Westlaw usage on their behalf
up to $125 dollars per month. The City agrees to make payments within thirty (30) days of the billing date. Attorney shall assume all charges are acceptable if City does not express any concerns regarding a billing within thirty (30) days of its mailing and the statement will be deemed correct and payable in full.
6. Termination. Either party may terminate this Agreement at any time, for any and no reason, by providing sixty (60) days advance written notice to the individuals designated below.
7. Independent Contractor. No employment relationship is created by this Agreement. The Attorney shall, for all purposes be an independent contractor to the City. At her sole expense, Attorney shall provide and maintain all professional licenses, including but not limited to admission to practice law before all the courts of the State of California, active membership in the California State Bar and maintenance of all continuing legal education required by the California State Bar.
8. Indemnification. City Attorney shall defend, indemnify and hold Point Arena, its officers, employees and agents harmless from and against any and all liability, loss, expense of any kind whatsoever, including reasonable attorney’s fees, or claims for injury or damages which actually or allegedly arise out of the performance of this Agreement, but only in proportion to and to the extent that such liability, loss, expense, attorney’s fees or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Attorney, her officers, employees or agents.
Point Arena, shall defend, indemnify and hold City Attorney, its officers, employees and agents harmless from and against any and all liability, loss, expense of any kind whatsoever, including reasonable attorney’s fees, or claims for injury or damages which actually or allegedly arise out of the performance of this Agreement, but only in proportion to, and to the extent that such liability, loss, expense, attorney’s fees or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Point Arena, its officers, employees or agents.
9. Insurance. Before beginning any work under this Agreement, Attorney, at its own cost and expense, shall procure Professional Liability Insurance in the amount of One Million Dollars ($1,000,000) per claim. Attorney shall provide a Certificate of Insurance and shall maintain the insurance policy required by this section throughout the term of this Agreement. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.
10. Private Practice. It is understood that Attorney will maintain her private practice located in Ukiah. Such practice will not interfere with her obligations to the City, nor shall it involve any real or apparent conflict in any manner with the performance of her services or confidentiality obligations herein.
11. Travel Time. The City will not be billed for time spent in travel to and from the City. The City shall however reimburse Attorney for all mileage at the current federal mileage
rate. Travel time to and from places other than the City arising out of professional services the Attorney provides to the City shall be billed at a separate rate to be determined by the parties to this Agreement.
12. California Law to Govern: This contract shall be governed by and construed in accordance with the laws of the State of California.
13. Amendment. This Agreement may be amended by written instrument signed by both parties.
14. Inconsistent Terms. If the attachments or exhibits to this Agreement, if any, are inconsistent with this Agreement, this Agreement shall control.
15. Entire Agreement. This Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements or understandings (whether oral or written) between or among the parties relating to the subject matter of this Agreement which are not fully expressed herein. If the attachments or exhibits to this Agreement, if any, are inconsistent with this Agreement, this Agreement shall control.
16. Notices. Any notice required to be given to the City or to Attorney shall be deemed to be duly and properly given if mailed and addressed to:
Ginevra Chandler, Esq. City Manager, Point Arena
2251 Mill Creek Road PO Box 67
Ukiah, California 95482 Point Arena, CA.
IN WITNESS THEREOF, this Agreement is executed by the City of Point Arena and Ginevra Chandler, Esq., this _____________, 2023.
_________________________________________
BARBARA BURKEY, MAYOR
_________________________________________
GINEVRA CHANDLER, ESQ., CITY ATTORNEY
ATTEST:
_________________________________________
PAUL ANDERSEN, CITY MANAGER/CITY CLERK