RESOLUTION NO. 2018-071,  AUTHORIZING THE MAYOR TO EXECUTE A LEGAL SERVICE AGREEMENT WITH G.R. MOZINGO, ESQ, APC (A PROFESSIONAL CORPORATION) EFFECTIVE JULY 1, 2018 AND ENDING JUNE 30, 2023.

ADOPT A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LEGAL SERVICE AGREEMENT WITH G.R. MOZINGO, ESQ, APC (A PROFESSIONAL CORPORATION) EFFECTIVE JULY 1, 2018 AND ENDING JUNE 30, 2023.

The City Attorney is appointed by the City Council and serves as the chief legal officer for the City. After 33 years of service, Don Freeman retired in 2017. The City then conducted a search for a new City Attorney and 16 applicants applied for the position. In June 2017, upon selection, the City entered into a one-year contract was with G. R. Mozingo, ESQ, APC.

The current agreement with Mr. Mozingo expired on June 30, 2018, and continues on a month-to-month basis in the interim. The attached proposed agreement is presented to Council for approval, establishing the terms and conditions for service as City Attorney. Highlights of the agreement include:

1.  A five-year term ending June 30, 2023, locking in a discounted hourly rate for an extended period of time.

 2.  Continued service from Glen Mozingo, Esq. APC, as City Attorney. Fees for either the Assistant City Attorney or Deputy City Attorney are included in the fees established in this agreement.

3.  Monthly retainer of $30,000 for general counsel services, incorporating the majority of all primary responsibilities routinely performed by the City Attorney’s office, factored upon and covering up to154 hours per month, at the rate of $195 per hour.

4.  Extraordinary services are billed at the rate of $275 per hour, as in the previous contract, as well as any hours in excess of 154 hours per month.

 5.  Modest annual cost of living adjustments based on the CPI Index, commencing in June of 2019.

 6.  A 90-day written notice period for either party to terminate the agreement.

The attached proposed agreement is presented to Council for approval, establishing the terms and conditions for service as City Attorney. Highlights of the agreement include:

1. A five-year term ending June 30, 2023, locking in a discounted hourly rate for an extended         period of time.

2. Continued service from Glen Mozingo as City Attorney. Fees for either the Assistant City Attorney or Deputy City Attorney are included in the fees established in the agreement.

3.  A monthly retainer of $30,000 for general counsel services, incorporating the majority of all primary responsibilities routinely performed by the City Attorney’s office, factored upon 154 hours per month, at the rate of $195 per hour.

4.  Extraordinary services are billed at the rate of $275 per hour, as in the previous contract, as well as any hours in excess of 154 hours per month.

5.  Modest annual cost of living adjustments based on the CPI Index, commencing in June of 2019.

6.  A 90-day written notice period for either party to terminate the agreement.

The City’s prior agreement for legal services was based on expectations of what the job would entail—estimating about 16 hours per week—with no set quantity of hours specified. Expectations did not meet reality as the job required at least 60-hour weeks to address the backlog of work and meet the day-to-day demands of litigation, staff and Department requirements and the formation of a functioning and responsive City Attorney’s Office.

This Contract reflects a more realistic understanding of the amount of work actually needed to meet the demands and expectations of the City on an ongoing basis.  The contract also more accurately represented the City’s monthly legal expenses.