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HomeMy WebLinkAbout5.6 Legal Services Agreement with Redwood Public Law, LLPr DUBLIN CALIFORNIA STAFF REPORT CITY COUNCIL DATE: March 5, 2024 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.ECT : Legal Services Agreement with Redwood Public Law, LLP Prepared by: Colleen Tribby, Assistant City Manager EXECUTIVE SUMMARY: Agenda Item 5.6 The City Attorney is transitioning his practice, as of March 15, 2024, to a new law firm, Redwood Public Law, LLP, where he is one of the founding partners. Redwood has offered to provide legal services on the same terms as the existing legal services agreement with the City. STAFF RECOMMENDATION: Approve the Agreement for Legal Services with Redwood Public Law, LLP. FINANCIAL IMPACT: There is no financial impact associated with this new agreement, as the costs associated with legal services have been previously budgeted and there are no anticipated changes as a result of this agreement. DESCRIPTION: The City Attorney, John Bakker, is leaving his current law firm, Meyers Nave, with which the City contracts for legal services, effective on March 15, 2024. Mr. Bakker and his new firm, Redwood Public Law, LLP, desire, respectively, to continue serving as the City Attorney and serve as the City's law firm. The proposed Legal Services Agreement between the City and Redwood would be effective on March 15, 2024 and has the same terms as the existing Legal Services Agreement between the City and Meyers Nave. STRATEGIC PLAN INITIATIVE: None. Page 1 of 2 1 NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Agreement for Legal Services with Redwood Public Law, LLP Page 2 of 2 2 Attachment I AGREEMENT FOR LEGAL SERVICES This Agreement, made and entered into as of March 5, 2024, by and between the CITY OF DUBLIN, a Municipal Corporation in the State of California, hereinafter referred to as "CITY" and REDWOOD PUBLIC LAW, LLP, a California limited liability partnership, hereinafter referred to as "REDWOOD." WITNESSETH WHEREAS, CITY and Meyers Nave, PLC, are parties to an Amended and Restated Agreement for Legal Services, dated and entered into as of September 1, 2018, as amended as of July 1, 2019, July 1, 2021, October 18, 2022, and September 19, 2023 (the "2018 Legal Services Agreement"), pursuant to which John Bakker serves as the City Attorney; and WHEREAS, as of March 15, 2024, John D. Bakker will leave his employment at Meyers Nave, PLC and become a partner in the law firm of REDWOOD; and WHEREAS, John D. Bakker desires to continue to serve as the City Attorney and REDWOOD is willing to contract with the City under the same terms as the 2018 Legal Services Agreement; and WHEREAS, it is the desire of the parties hereto to enter this Agreement and establish the terms and conditions for rendition of legal services to the CITY OF DUBLIN and the compensation therefore. NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1. Appointment of City Attorney. CITY hereby retains JOHN D. BAKKER, hereinafter referred to as "ATTORNEY," as City Attorney for the CITY OF DUBLIN and ATTORNEY agrees to faithfully represent the legal interests of CITY during the term of this Agreement. ATTORNEY shall propose another attorney of REDWOOD to serve as the Assistant City Attorney, subject to his or her appointment by the City Council. 2. ATTORNEY'S Services. ATTORNEY shall provide, through his own services and those of such other attorneys of REDWOOD, as he shall determine, all legal services usually and normally provided by city attorneys, and specifically those duties and services described in Government Code Sections 41801, 41802, 41803 and 41803.5. Such services shall include, but not be limited to: a. Attendance at City Council and Planning Commission meetings; b. A scheduled presence of the City Attorney or Assistant at City Offices ("Office Hours") as may be requested by the City Manager, not to exceed 14 hours per week; Legal Services Agreement Page 1 of 4 (Between Dublin and Redwood Public Law, LLP) 3 Attachment I c. Preparation of ordinances, resolutions, leases, contracts or other legal documents; d. Preparation of all findings, decisions or other documents pertaining to legislative or quasi-judicial actions or decisions made by the City Council, boards, commissions or officers; e. Rendering legal advice (both oral and written) to members of the City Council, commissions, boards, and to the City Manager, department heads and employees with respect to City matters; f. Negotiating and/or rendering advice with respect to negotiations pertaining to City's contracts, leases and memoranda of understanding; g. Representing City in litigation and/or arbitration or other judicial, administrative or quasi-judicial proceedings; h. Furnishing legal services for assessment district or bond proceedings; and i. Furnishing legal services for other agencies or entities which are not operated as an integral part of City, but which are or may be created by City as independent agencies. 3. Independent Contractor. ATTORNEY shall provide legal services to CITY as an independent contractor, with control over his offices, hours, support staff and other matters except as provided herein. 4. Compensation. City shall compensate ATTORNEY, through REDWOOD, in the amount of $325 per hour for all services rendered, whether by ATTORNEY or by other attorneys associated with REDWOOD, with the following exceptions: litigation, for which ATTORNEY, through REDWOOD, shall be compensated at REDWOOD's then -current standard public agency rates for all litigation services rendered whether by ATTORNEY or by other attorneys associated with REDWOOD; and cost recovery and labor and employment advice, for which ATTORNEY, through REDWOOD, shall be compensated at the following rates per hour for all services rendered whether by ATTORNEY or other attorneys associated with REDWOOD: Senior Principal $490 Principal and Senior Of Counsel $415 Senior Associate and Of Counsel $360 Associate $335 Paralegal $170 REDWOOD will also be reimbursed for customary costs and disbursements, including deposition and witness fees, court costs, telephone, photocopying, facsimile charges, computer research on-line fees and messenger services. ATTORNEY, through REDWOOD, shall Legal Services Agreement Page 2 of 4 (Between Dublin and Redwood Public Law, LLP) 4 Attachment I bill CITY on a monthly basis and CITY agrees to pay ATTORNEY within 30 days of such bill or statement. Notwithstanding anything to the contrary in this Agreement, the City shall have the right to retain counsel other than REDWOOD in particular matters. 5. No Assignment. This Agreement is entered into by CITY and REDWOOD and, except as set forth herein, the rights and obligations of ATTORNEY may not be assigned or delegated to any other attorney of REDWOOD without express written consent of the City Council. This Agreement is not assignable. 6. Insurance ATTORNEY agrees, through REDWOOD, to carry malpractice insurance in full force and effect during the term of this Agreement in an amount not less than $1,000,000 (one million dollars) per person and $2,000,000 (two million dollars) per occurrence. 7. Annual Review Annually, and at such other intervals as the City Council deems appropriate, ATTORNEY and Council shall meet to review the performance of ATTORNEY and members or associates of his firm in furnishing the services provided hereunder, and to review the compensation provisions hereof. The parties may agree to changes or amendments hereto, including, but not limited to changes in compensation provisions, which changes or amendments shall be evidenced by written amendment hereto. 8. Term This Agreement shall be terminable by CITY at will and by ATTORNEY upon 30 days' written notice. 9. Effective Date. This Agreement shall be effective on March 18, 2024, with the date set forth above being for reference purposes only. IN WITNESS WHEREOF, the parties have executed this Agreement for Legal Services the day and year set forth below. Legal Services Agreement Page 3 of 4 (Between Dublin and Redwood Public Law, LLP) 5 Attachment I CITY OF DUBLIN a Municipal Corporation Dated: By Melissa Hernandez, Mayor Attest: City Clerk REDWOOD PUBLIC LAW, LLP Dated: By 2878504.1 John D. Bakker, Partner Legal Services Agreement Page 4 of 4 (Between Dublin and Redwood Public Law, LLP) 6 March 5, 2024 SB 343 Senate Bill 343 mandates supplemental materials that have been received by the City Clerk's office that relate to an agenda item after the agenda packets have been distributed to the City Council be available to the public. The attached documents were received in the City Clerk's office after distribution of the March 5, 2024, Regular City Council meeting agenda packet. Item 5.6 7 DUBLIN CALIFORNIA THE NEW AMERICAN BACKYARD CITY MANAGER'S OFFICE MEMORANDUM DATE: March 5, 2024 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Item 5.6: Legal Services Agreement with Redwood Public Law, LLP The March 5, 2024, City Council Meeting includes an item approving a legal services agreement with Redwood Public Law, LLP. After the agenda was posted, Staff discovered an error in Attachment 1, the Legal Services Agreement. Section 9 of the agreement, the Effective Date, should have March 15, 2024, as the effective date of the agreement, rather than March 18, 2024. A redlined version of Attachment 1 is attached to this memo. 8 AGREEMENT FOR LEGAL SERVICES This Agreement, made and entered into as of March 5, 2024, by and between the CITY OF DUBLIN, a Municipal Corporation in the State of California, hereinafter referred to as "CITY" and REDWOOD PUBLIC LAW, LLP, a California limited liability partnership, hereinafter referred to as "REDWOOD." WITNESSETH WHEREAS, CITY and Meyers Nave, PLC, are parties to an Amended and Restated Agreement for Legal Services, dated and entered into as of September 1, 2018, as amended as of July 1, 2019, July 1, 2021, October 18, 2022, and September 19, 2023 (the "2018 Legal Services Agreement"), pursuant to which John Bakker serves as the City Attorney; and WHEREAS, as of March 15, 2024, John D. Bakker will leave his employment at Meyers Nave, PLC and become a partner in the law firm of REDWOOD; and WHEREAS, John D. Bakker desires to continue to serve as the City Attorney and REDWOOD is willing to contract with the City under the same terms as the 2018 Legal Services Agreement; and WHEREAS, the purpose of this Agreement is to replicate 2018 Legal Services Agreement and have it serve as the legal services agreement between the CITY and REDWOOD; and WHEREAS, it is the desire of the parties hereto to enter this Agreement and establish the terms and conditions for rendition of legal services to the CITY OF DUBLIN and the compensation therefore. NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1. Appointment of City Attorney. CITY hereby retains JOHN D. BAKKER, hereinafter referred to as "ATTORNEY," as City Attorney for the CITY OF DUBLIN and ATTORNEY agrees to faithfully represent the legal interests of CITY during the term of this Agreement. ATTORNEY shall propose another attorney of REDWOOD to serve as the Assistant City Attorney, subject to his or her appointment by the City Council. 2. ATTORNEY'S Services. ATTORNEY shall provide, through his own services and those of such other attorneys of REDWOOD, as he shall determine, all legal services usually and normally provided by city attorneys, and specifically those duties and services described in Government Code Sections 41801, 41802, 41803 and 41803.5. Such services shall include, but not be limited to: a. Attendance at City Council and Planning Commission meetings; Legal Services Agreement Page 1 of 4 (Between Dublin and Redwood Public Law, LLP) 9 b. A scheduled presence of the City Attorney or Assistant at City Offices ("Office Hours") as may be requested by the City Manager, not to exceed 14 hours per week; c. Preparation of ordinances, resolutions, leases, contracts or other legal documents; d. Preparation of all findings, decisions or other documents pertaining to legislative or quasi-judicial actions or decisions made by the City Council, boards, commissions or officers; e. Rendering legal advice (both oral and written) to members of the City Council, commissions, boards, and to the City Manager, department heads and employees with respect to City matters; f. Negotiating and/or rendering advice with respect to negotiations pertaining to City's contracts, leases and memoranda of understanding; g. Representing City in litigation and/or arbitration or other judicial, administrative or quasi-judicial proceedings; h. Furnishing legal services for assessment district or bond proceedings; and i. Furnishing legal services for the redevelopment agency, parking authority or other agencies or entities which are not operated as an integral part of City, but which are or may be created by City as independent agencies. 3. Independent Contractor. ATTORNEY shall provide legal services to CITY as an independent contractor, with control over his offices, hours, support staff and other matters except as provided herein. 4. Compensation. City shall compensate ATTORNEY, through REDWOOD, in the amount of $325 per hour for all services rendered, whether by ATTORNEY or by other attorneys associated with REDWOOD, with the following exceptions: litigation, for which ATTORNEY, through REDWOOD, shall be compensated at REDWOOD's then -current standard public agency rates for all litigation services rendered whether by ATTORNEY or by other attorneys associated with REDWOOD; and cost recovery and labor and employment advice, for which ATTORNEY, through REDWOOD, shall be compensated at the following rates per hour for all services rendered whether by ATTORNEY or other attorneys associated with REDWOOD: Senior Principal $490 Principal and Senior Of Counsel $415 Senior Associate and Of Counsel $360 Associate $335 Paralegal $170 Legal Services Agreement Page 2 of 4 (Between Dublin and Redwood Public Law, LLP) 10 REDWOOD will also be reimbursed for customary costs and disbursements, including deposition and witness fees, court costs, telephone, photocopying, facsimile charges, computer research on-line fees and messenger services. ATTORNEY, through REDWOOD, shall bill CITY at least on a monthly basis and CITY agrees to pay ATTORNEY within 30 days of such bill or statement. Notwithstanding anything to the contrary in this Agreement, the City shall have the right to retain counsel other than REDWOOD in particular matters. 5. No Assignment. This Agreement is entered into by CITY and REDWOOD and, except as set forth herein, the rights and obligations of ATTORNEY may not be assigned or delegated to any other attorney of REDWOOD without express written consent of the City Council. This Agreement is not assignable. 6. Insurance ATTORNEY agrees, through REDWOOD, to carry malpractice insurance in full force and effect during the term of this Agreement in an amount not less than $1,000,000 (one million dollars) per person and $2,000,000 (two million dollars) per occurrence. 7. Annual Review Annually, and at such other intervals as the City Council deems appropriate, ATTORNEY and Council shall meet to review the performance of ATTORNEY and members or associates of his firm in furnishing the services provided hereunder, and to review the compensation provisions hereof. The parties may agree to changes or amendments hereto, including, but not limited to changes in compensation provisions, which changes or amendments shall be evidenced by written amendment hereto. 8. Term This Agreement shall be terminable by CITY at will and by ATTORNEY upon 30 days' written notice. 9. Effective Date. This Agreement shall be effective on March15, 2024, with the date set forth above being for reference purposes only. IN WITNESS WHEREOF, the parties have executed this Agreement for Legal Services the day and year set forth below. Legal Services Agreement Page 3 of 4 (Between Dublin and Redwood Public Law, LLP) 11 CITY OF DUBLIN a Municipal Corporation Dated: By Melissa Hernandez, Mayor Attest: City Clerk REDWOOD PUBLIC LAW, LLP Dated: By 2878504.1 John D. Bakker, Partner Legal Services Agreement Page 4 of 4 (Between Dublin and Redwood Public Law, LLP) 12