The URL can be used to link to this page

Home My WebLink About5.12 Amendment to Legal Services Agreement with Redwood Public Law, LLP, and Appointment of Camilla Getz as Assistant City Attorneyr DUBLIN CALIFORNIA STAFF REPORT CITY COUNCIL Agenda Item 5.12 DATE: TO: FROM: SU B,ECT: August 20, 2024 Honorable Mayor and City Councilmembers Linda Smith, City Manager Amendment to Legal Services Agreement with Redwood Public Law, LLP, and Appointment of Camilla Getz as Assistant City Attorney Prepared by: Marsha Moore, MMC, City Clerk EXECUTIVE SUMMARY: Redwood Public Law, LLP, has requested that the City Council consider amending its legal services agreement with the City to increase the hourly rate for all attorney services rendered. In addition, pursuant to the legal services agreement, the City Attorney is proposing that the City Council appoint Redwood Public Law associate attorney Camilla Getz to serve as the Assistant City Attorney. STAFF RECOMMENDATION: Approve the First Amendment to the Agreement for Legal Services with Redwood Public Law, LLP and appoint Camilla Getz as the Assistant City Attorney. FINANCIAL IMPACT: The proposed amendment to the agreement for legal services would increase the hourly rates as follows: General Legal Services $325 per hour to $330 per hour Labor and Employment Advice and Reimbursable Legal Services Range $335-$490 per hour to $340 to $495 per hour DESCRIPTION: Amendment to Legal Services Agreement The City of Dublin started contracting with Redwood Public Law, LLP on March 15, 2024, when the City Council approved the Agreement for Legal Services (Attachment 2). Page 1 of 2 1 Redwood Public Law requested that the City Council consider the following changes to the Legal Services Agreement: General Legal Services $325 per hour to $330 per hour Labor and Employment Advice and Reimbursable Legal Services Range $335-$490 per hour to $340 to $495 per hour Attachment 1 is the proposed First Amendment to the Agreement for Legal Services. The proposed amendment will take effective as of July 1, 2024. Appointment of Assistant City Attorney The Agreement for Legal Services provides that the City Attorney shall propose another Redwood Public Law attorney to serve as Assistant City Attorney, subject to his/her appointment by the City Council. Camilla Getz, a Redwood Public Law associate attorney, has been acting Assistant City Attorney since April 2023, after the departure of Assistant City Attorney Jordyn Bishop. The City Attorney is proposing that the City Council appoint Camilla Getz to serve as the Assistant City Attorney. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) First Amendment to Agreement for Legal Services with Redwood Public Law, LLP 2) Agreement for Legal Services with Redwood Public Law, LLP Page 2 of 2 2 Attachment I FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES This First Amendment to Agreement for Legal Services is made and entered into as of August 20, 2024, and effective July 1, 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 REDWOOD are parties to an Agreement for Legal Services, dated and entered into as of March 5, 2024 (the "Agreement for Legal Services"); and WHEREAS, it is the desire of the parties hereto to amend the Agreement for Legal Services. NOW, THEREFORE, IT IS MUTUALLY AGREED that the Agreement for Legal Services is amended as follows: 1. Amendment of Paragraph 4. Existing paragraph 4 is amended, to read as follows: "4. Compensation. City shall compensate ATTORNEY, through REDWOOD, in the amount of $330 per hour for all attorney services rendered, whether by ATTORNEY or by other attorneys associated with REDWOOD, and $175 per hour for all paralegal services rendered, 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 $495 Principal and Senior Of Counsel $420 Senior Associate and Of Counsel $365 Associate $340 Paralegal $175" First Amendment to Agreement for Legal Services Page 1 (Between Dublin and Redwood Public Law, LLP) 3 IN WITNESS WHEREOF, the parties have executed this First Amendment to the Agreement for Legal Services the day and year set forth below. CITY OF DUBLIN, a Municipal Corporation Dated: By: Michael McCorriston, Mayor Attest: Marsha Moore, City Clerk REDWOOD PUBLIC LAW, LLP By: Dated: John D. Bakker, Partner 20023189.v1 First Amendment to Agreement for Legal Services Page 2 (Between Dublin and Redwood Public Law, LLP) 4 DocuSign Envelope ID: 668B55B5-FB83-486B-81D5-2CED85E4BE06 Attachment 2 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) 5 DocuSign Envelope ID: 668B55B5-FB83-486B-81D5-2CED85E4BE06 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) 6 DocuSign Envelope ID: 668B55B5-FB83-486B-81D5-2CED85E4BE06 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 March 15, 2024, with the date set forth above being for reference purposes only. Legal Services Agreement Page 3 of 4 (Between Dublin and Redwood Public Law, LLP) 7 DocuSign Envelope ID: 668B55B5-FB83-486B-81D5-2CED85E4BE06 IN WITNESS WHEREOF, the parties have executed this Agreement for Legal Services the day and year set forth below. Dated: Dated: 2878504.1 3/12/2024 3/6/2024 CITY OF DUBLIN a Municipal Corporation DocuSigned by: Y rktliSSot 07C01F7A16A8161... Melissa Hernandez, Mayor Attest: ,-DocuSigned by: 10(oV -96670815D22r40A... City Clerk REDWOOD PUBLIC LAW, LLP DocuSigned by: Byl� 0209420D250D420... John D. Bakker, Partner Legal Services Agreement Page 4 of 4 (Between Dublin and Redwood Public Law, LLP) 8