HomeMy WebLinkAbout4.11 LegalSvcsAgmt7thAmend
1 ..
,
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 20, 2005
CITY CLERK
File # nr&l0[~}fB15l
RvìsJ
~
(~ ÓJAh., \w-uJ
Seventh Amendment to Agreement for Legal Services ~~)
Report Prepared by: Elizabeth Silver, City Attorney 1f.J
1. Agreement for Legal Services, dated July 1, 1998 .
2. First Amendment to Agreement for Legal Services,
dated June 15, 1999
Second Amendment to Agreement for Legal Services,
dated July 1, 2000
Third Amendment to Agreement for Legal Services,
Dated July 1, 2001
Fourth Amendment to Agreement for Legal Services,
Dated July 1, 2002
Fifth Amendment to Agreement for Legal Services,
Dated July 1, 2003
Sixth Amendment to Agreement for Legal Services
Dated July I, 2004
Proposed Seventh Amendment to Agreement for Legal
Services dated September 1, 2005
3.
SUBJECT:
ATTACHMENTS:
4.
5.
6.
7.
8.
RECOMMENDATION:
Approvc Scventh Amendment to Agreement for Legal Services and
authorize Mayor to execute same.
FINANCIAL STATEMENT:
The proposed amendment to the agreement for legal services would
increase the hourly rate from $180 to $185 (a 2.77% increase) and
increase the rate charged for litigation and work perfonned by the
City Attorncy for which the City is reimbursed by third parties to
$225 an hour (a 2.27% increase) commencing July 1,2005. +here
w()\Jlè be no el!ange to the rlite for general I egal services.
DESCRIPTION: The City has contracted with Meyers, Nave, Riback, Silver &
Wilson (or its predecessors) for legal services since incorporation. The current agreement for legal
services is dated on July I, 1998 (Attachment I). The agreement for legal services was amended effective
June 15, 1999, July 1, 2000, July 1, 2001, July I, 2002, July I, 2003, July 1, 2004 (Attachments 2,3,4,5,
6 and 7)
The City Attorney has requested that the Council consider changes to the agreement. The changes
would be to increase the hourly rate for all general work from $180 to $185 and to increase the hourly rate
________._~____________________________________________________M___________________._~__________~_______~____
COPIES TO:
H/cc-forms/agdastmt.doc
ITEM NO. f / I
,
The increase from $180 to $185 is a 2.77% increase and the increase from $220 to $225 is a 2.27%
increase. We anticipate that approximately 5()OIo of the City Attorney's work during this fiscal year will be
biUed at the lower rate and 50% will be billed at the higher rate, so the overall effective increase is
approximately 2.52%.
Attachment 8 is a proposed Seventh Amendment to the Agreement for Legal Services. The only
changes from the cmrent agreement are as described above.
The proposed amendment would be effective July I, 2005. The City Attorney and the Council's
designated representatives have been discussing these changes since June of this year, thus allowing the
retroactive charge in rates.
R«:ommendation:
Staff recommends that the City Council approve the Seventh Amendment to the Agreement for
Legal Services and authorize Mayor to execute same.
2.ðþ'1..
'.
, ~
'''''':'''''",
,
\. fJ(J n
.'
'--'
AGREEMENT FOR
LEGAL SERVICES
'l1ris Agreement, made and entered into as ofJuIy I, 1998, by and between the CITY OF
DUBLIN, a Municipal Cozporation in the State ofCalifurnia, hereinafter referred to lIS "CITY"
and MEYERS, NA VB, RlBACK, SILVER. & WILSON, a professional corporation, hercina.fter
relèrred to as "MNRSW". .
\YITNESSErn
WHEREAS, EllZABETH H. SILVER.is It member of the law finn ofMNRSW;
WHEREAS, CITY and MNRSW are parties to an agreement dated July 1, 1990, entitled
'"Agreexnentfor Legal Services"; and
wHEREAS, said "Agreeroem for Legal Seivices" bas been amended three times bn .
July I, 1991, July 1, 1995 and July I, 1996, respectively; and
WHEREAS, the parties desire to make certain anJImdments to the ..Agreement fur Legal
Services," as amended, and
WItEREAS, the purpose of this agreement is to restate the "Agreement fur Legal .
Services" as amended and make cert.Wn changes; and
WHEREAS, it is the desire of the parties hereW to enter this agr:eement and establish the
te:nJIS and oonditiopS fur te1\dition oflega! services to the CITY OF DUBLIN and the
compensation therefore; . .
NOW, THEREFORE, IT IS MUTtJALL Y AGREED as follows:
1. ApPOintment ofCitv Att0l:nev.
CITY hereby retains ELIZABþ:1H H. SILVER. hereinafter referred to as '
· ATTORNEY" as City Attorney fur the CITY OF DUBUN and ATTORNEY agrees to fàithfully
represent the legal interests of CITY during the term of this agreement.
2. Atto~'s Services.
ATTORNEY shall provide, through her own services and those of such other
attorneys ofMNRBW, as she shall determine, ¡¡Illegal services usually Md, nonnally provided by
City Attorney¡¡, and specifically those duties and services descn1Jed in Government Code SectiOD!!
41801,41802, and 41803.5. Such. services shall include, but not be liroited to:
LR6AL SERVICES A(¡ft£BMENT
ATTACHMENT 1
;;¡"I ~M 4, II q -20-D '5'
Z.ðb n
~ '
'-'
1'1. Attendance at Chy Council and pl.rlning Commi''!ion meetings;
b. Preparation of ordinances, resolutions, \eases, contracts or other le¡al
documents;
c. Preparation of aU finr!iliß!J, decisions or other do¢UalC:1l1s FA;n;»g to
legisJative or quasi-judicial actions or decisions made by the City Council, boards, cotnmissions or
officers;
d. Rendering legal advice (both oral and written) to members of the Chy
Council, commissions, boards, and to the City Manager, department heads and employees with
respect to City matters;
e. Negotiating and/or rendering advice with respect to negotiations pertaining
to Chy's contracts, leases and memoranda ofunderstandiug;
f Representing City in litigation and/or arbitration or other judicial,
añ¡nin;«trEltive or quasi-judicial proceedings;
g. Furn;.hing legal services for assessment district or bond proceedings; and
h. Furnishing legal services for the Redevelopment Agency, Parking Authority
Or other agencies or entities which are not operftted as an integral part of City, but which are or
may be created by City as independent agencies.
3. IIldeT.Jeudem Contractor.
ATTORNEY shall provide legal services to CITY as an independent contractor,
with control over her offices, hours, $Upport staff and other matters except as provided herein.
4. Cotnpensation.
CITY shall compensate ATIORNBY, through MNRSW, in the lIIilOunt pf'$140
per hour for all services rendered. whether by ATIORNEY or by other attorneys associated with
MNRSW, with the exception oflitiga1ion, for which AtTORNEY, through MNRSW, shall be
compensated in the lIIilOunt of$150 per hour for I1U litigation sð!'Vices rendered by an associate
EIttonwy and at the tatI' of $175 per hour for a1i litigation services reDdered by a shareholder.
MNRSW will also be reimbursed for customary costs and disbursen1fm,ts, including deposition and
witne!!S fees, court costs, telephone, photocopying, facsimile charges, oomputer resea:rch Ü'n-line
fees and messenger services. ATTORNEY, through MNRSW, shall bill CITY at least on a
monthly basis and CITY agrees to pay ATTORNEY within ~O days of such bill or statement.
5. PERS.
The ¡>arti!!s recognize that ATTORNEY is eligible fur and has elected ¡nembership
in the Public Employee's Retirement System (PERS) as provided in Govenunen1; Code section
20322. CITY shall contribute both the employer and employee share ofreqWred PERS
LEtiAL S£R\/' CES 1t6RE£MENT
f'AI!iR 2 OF "
'"
<".
3 C5b,¡7
contributions based on compensation for hours billed by ATTORNEY, except that said
<X>Dtributions shall not be made for any ATTORNEY compensation which exceeds $4,120 per
month. The Hmw!ItÎOD of $4.120 per month in the preceding seuteœe shall be increased or
d~ as of July I, 1999 by the pe:tcentage Change in the CO!lS1.WWf Price Index (Urban Wage
Earners for San F1'!lI1CÎSCo..Oakland·San Jose) for February of 1999 over the index for February of
1998 and sinillar adjustments shall be made each My 1 thereafter. As determined by CITY, the
monthly limit may be accounted for on a hi-weekly or other basis fur record keeping putpÇlses.
6. No Assi"""""'t.
This AgreernentÎ$ entered into by CI1Y and MNRSWand, except as set forth
herein. the rights and obligations of ATTORNEY lDIiy not be as$igned for delegated to any other
attorney ofMNRSW without express written consent oftbe City Council. This Agreement is not
. assJgnable.
7. MuniciPal Proressio:Oal MemberRhms. Meetings.
._ It is understood and agreed that CITY and ATTORNEY tuIltua!ly benefit ftom
ATTORNEY's participation: in certain professional activities relating tÇJ rmmioipal Jaw.
Therefore, ATTORNEY shaIl 'TIR;ntain acj:ive participating in the City Attorney's Deparbnent and
activities of the League of Califurnia Cities. CITY.shall advance or reimburse to ATTORNEY
her costs and expenses ÎIIcIJm:d in attending the semi-annual City Attorney's DcpartInent meeting
of said League. In the event ATTORNEY sha1l represent another citY or cities, ATTORNEY
sha1l be reimbursed for b.er costs and expenses (or registration fee and lodging) for attendfug the
annual City Attorney's Department meeting of said League only in proportion that he DUU1ber of
cities represented by ATTORNEY beats to. one.
Sul'!jec:t to prior authorization of City's City Council, ATTORNEY may enroil,
attend, participate in confereD.ces, courses, seminars, còmmittee work, or other actMti.es in
addition to that hereinabove speèüied of the League ofCa1ñomia Cities, or other organizations
related to the practice of Municipal Law. Upòn such authori7ation, ATTORNEY may incur costs
and expenses in connection with the particular e¥Ø or activity so autbomed, which shall be
adv¡mced or reimbursed by City. In the event, hoWever, that att~artce at any event shall involve
an ~ture of $200 or Jess, ATTORNEY may attenc1 the event without prior authormrtion of
the City Council and shall have her costs and expenses reimbursed by CITY.
8. Insurance.
ATTORNEY agrees, throughMNRSW, to canyroa1pJ:8Ctice insurance in full
force and effect during the term of this agreement in an amount not less than $200,000 per person
and $600,000 per occurrence.
L£EIAL SERVICES AGB£EMElIT
PItߣ.8 OF"
,
.~
4öbl1
9. J\tmual Review.
Annually, during the month of February, ATIORNEY and Council shall meet to
review the perfotInallCè of ATTORNEY and members or associates ofher :firin ÎII furni"hing the
services provided hereunder, and to 1eView the competlsation provisions hereof. The parties may
agree to cJ:Iange8 or amendments hereto, including, but not limited to change8 ÎII compensation
provisions, which change8 or amendments !iha1l be evidcmced by written aInCDdment hereto.
10. JMm.
This Agro=nt shall ~,~,,},~,~\ @lebýf!'I¡Y;;¡it;~ènd byATIORNEY upon 30
daY8' written notice. ' -. .
11. Effective Date.
11ù8 ~ shall be effective July 1,1998.
12. Suoersession ofPtior AlU'eemenl:s
This Agreement shall supenede the Agreeme¡:\t fur Legal Services, dated July I,
1990, as amCnded.
IN WITNESS WHEREOF, the parties have executed this' Agreement the·day and year 8et
furth below.
Dated:..s!J:Jjqg
,~
Guy ouston, Mayor
~d
Kay it)'
. Dated: 6 - 2--fY
. MEYERS, NA VB, RIBACK, SILVER & WILSON
E~ver).¿ .Þ~
J:\WPD\MNJtSWIlI4'ÐlIAGIŒS\19!18\1..Gl.S1lVS.ðl
IŒIS:~.
LEt1AL SER'I.ICES AEIR£EMENT
PAl!!£.'" OF 4
.'-
'5 ðb\Î
..-,
Fm.ST AMENDMENT TO AGRFFMENT FOR LEGAL SERVICES
This Fn-st Amendment to Agreement for Legal Services is made and entered into as ofJuly 1, 1999,
by and between the ,CITY OF DUBLIN, a Municipal Corporation in the State of California, hereinafter .
refened to as "CITY" and MEYERS, NAVB, RffiACK, SILVER & WILSON, hereinafterrefelled to l1li
''M:NRSW''.
WITNESSETH
WHEREAS, CITY and MEYERS, NA VB, RIBACK, SILVER & WILSON are parties to an
Agreement for legal services, dated and entered into lIS of July 1, 1998; and
WHEREAS, it is the desire of the parties hereto to amend the agreement;
NOW, THEREFORE, IT IS MUTUAIL Y AGREED that the Agreement for legal services is
amended as follows:
L Existing paragraph 4 is deleted and new paragraph 4 is added, to read as follows:
"4. Comoensation,
City shall compensate ATTORNEY, through MNRSW, in the amount of $150 per
hour for all services rendered, whether by ATTORNEY or by other attorneys associated
with MNRSW, with the exception oflitigatiou, for which ATTORNEY, through MNRSW,
shall be compensated in the amount of$150 per hour for all litigation services rendered by
an associate attomey and at the rate of $175 per hour for all litigation services rendered by
a shareholder. MNRSW will also be reimbursed for customary costs and disbursements,
including deposition and witness fees, court costs, telephone, photocopying, filcsimile
charges, . computer research on-line fees and messenger services,. ATTORNEY, through
MNRSW, shall bill CITY at least on a monthly basis and CITY agrees to pay ATTORNEY
within 3.0 days of BUch bill or statement."
IN WITNESS WHEREOF, the parties have executed this First Amendment to Agreement for
Legal Services the day and year set forth below.
CITY OF DUBLIN
A Municipal Corporation
MEYERS, NA VB, RIBACK, SILVER & WILSON
J
By <Øf~ ~ ç:;~
Date: fL-v I !:,-, I' fF
I '
By
Date:
ATTEST:
&HB:.j. K1/(J/6-15-99/amendm.nt:<'Q.doo
~--~------~---~-~~-~-~---------------~~----~---_.
First A!ncndmcnt to A :teemeIlt for Logal Smvioo$
(Bctweeu Dublin ...d MNRSW)
ATTACHMENT 2·
lL>ðb\l
"
SECOND AMENDMENT TO AGRF.PM'FNT FOR LEGAL SERVICES
This Second Amendment to Agreement for Legal Services is made and entered· into as of
July I, 2000, by and between the CITY OF DUBLIN, a Municipal Co¡poraûon in the State of
California, hereinafter referred to as "erTY" and MEYERS, NA VB, RlBACK, SILVER &
WILSON, herei11after referred to as "MNRSW". .
WITNESSETH
VlHEREAS, CITY and MEYERS, NAVE, RIBACK, SIL VBR & WILSON are parties to
an Agreement for legal services; dated and entered into as ofJuly 1, 1998; aM . ,
'WHEREAS, CITY and MEYERS; NA VB, RlBACK, SILVER & WILSON are parties to
the First Amendment to Agreement fortegal Services, dated J\Ìne 15, 1999; and .
. WHEREAS, it is the desire'ofthe parties hereto to amend the agreeinent;
NOW,~FÖRE;IT IS MUTIJAI.L Y AGREED that the Agreem,ent for legal .
services is amended as follows: . . , .. .
. 1. Existing paragraph 4 is deleted and new paragraph 4 is added, Ie read as follows:
"4. . Compensation.
. .
.. .
, . ,
. .
City shall compensate ATIORNEY, throughMNRSW, In the amount of
. $155 per hour for all services rendered, whether by ATTORNEY or by other
attorneys associated with MNRSW, with thefolloWÌ11g exceptions: (a) liûgaûon,
for which ÀTIORNEY,throughMNRSW, shalJ be compi:.Usat~ in. the amoUIlt of
$155 per hour for allliûgaûou services rendered by an associate attorney and at
the 'rate of $175 per hour for allliûgation services rendered -by' a shareholder; and
(b) work for which the City is reimburSed by third parties, for which
A TIORNEY. through MNRSW shall be compensated at the rate of $175 per
hour.. MNRSWwill also be reimbursed for customary costs and disbursements,
includin.g deposiûon and wi1ness fees, court costs, telephone, photocopying,
facsimile charges, computer research on-line fees and meS!!ðDger services.
ATTORNEY. through MNRSW, shall bill CITY at least on a monthly basis and
CITY agrees to pay ATTORNEY within 30 days of such bill or stateInent."
Second Amendment to Agree¡nent for. Legal Services .
(Between Dublin and MNRSW) .... .
.pag. I o!2
April 26. 2000
ATTACHMENT 3
ì t:5b \1
-..
~
'1:'. .
IN WITNESS WHEREOF, the parties have executed this Second Amendment to
Agreement for Legal Services the day and year set forth, below.
CITY OF DUBLIN .
A Municipal Còrporaûon
Dated:
..5/ø/oO
.
By:
lh.óM
Guy S. Hou n, May,
~:
~cL,(JL~
AC SILVER & ~-rJN
Dated:
. (j jl¿ ¡tD
. ,.
tt~ H Ç)1.
Elizabeth H.Silver
By:
J:\wpd\mnrsw',114\OO I \2000\agree:\fceìrJmB!c~ 426.doc
EHS:óa
. Second Amendment to Agreement for Lega! Services
(Between Dublin and MNRSW) .
Page 2 of2
. April 26, 2000
r
ßöò \!
v
THIRD AMENDMENT TO AGRRPMRN'T' FOR LEGAL SERVICES
This Third Amendment to Agreement for Legal Services is made and entered into 118 of
July 1, 2001, by and between thr;: CITY OF DUBLIN, a Municipal Corporation in the State of
California, hereinafter referred to 118 "CITY" and MEYERS, NAVE, RlBACK, Sn, VER &
WILSON, hereinafter referred to as "MNRSW"_
WITNESSETH
WHEREAS, CITY and MEYERS, NA VB, -RlBACK, Sn, VER & WILSON are parties to
an Agreement for legal services, dated and entered into as of July 1, 1998; and
WHEREAS, CITY and MEYERS, NA VB, RlBACK, SIL VBR & WILSON are parties to
the First Amendment to Agreement for Legal Services, dated June 15, 1999; and
WHEREAS, CITY and MEYERS, NA VB, RlBACK, Sn.. VER & WILSON are parties to
the Second Amendment to Agreement for Legal Services, dated July I, 2000; and
WHEREAS, it is the desîte ofthe parties hereto to amend the agreement;
NOW, THEREFORE, IT IS MUTUALLY AGREED that the Agreement forLegat
Services is amended as follows:
1. Existing paragraph 4 is deleted and new paragraph 4 is added, to read as follows:
"4. ComnensatÎon.
City shaI1 compensate ATTORNEY, through MNRSW, in the amoUllt of
$175 per hour for all services render~ whether by ATTORNEY or by other
attorneys associated with MNRSW, with the following exceptiOIlS: (a) litigation,
for which ATTORNEY, through MNRSW, shall be compensated in the amount of
$200 per hour for alllìtigation services rendered, whether by ATTORNEY or by
other attorneys associated with :MNRSW; and (b) work for which the City is
reimbursed by third parties, for which ATTORNEY, through MNRSW shall be
compel15a!ed at the rate of$200 per hour. MNRSW will also be reimbursed for
castomary costs and disbursements, including deposition and witness fees, court
costs, telephone, photocopying, facsimile charges, computer research oo-line fees
and messenger services. ATTORNEY, through MNRSW, shall bill CITY atlellSt
on a monthly bll8is and CITY agrees to pay ATTORNEY within 30 days of such
bill or statement."
ThW Am~enl to Agreewonl for Legal Sorvioes
~ Dublin and MNRSW)
ATTACHMENT 4
,
qlb\1
IN WITNESS WHEREOF, the parties have executed this Third Amendment to
Agreement for Legal Services the day and year set forth below. .
Dated:
. ,<
Dated:
g!3¡/o/
f '
CITY OF DUBLIN
A'1"-.raûon
By, ;t~
Guy S. ouston, Mayor
~~cL
eck, Ci Clerk
MEYERS, NA VB, RIBACK, SILVER & WILSON
5"-/~-OI
1f~ ~,_a-
Elizabeth H. Silver
By:
O,ICC-MrQS'I200IQTIUIMAYIJ.IWI'ott·I....1 "",,¡-.0I00
Third Atn""dment 10 Agrcc:ment for Legal Services
(Bo!weeIl Dublin and MNRSW)
Pago2 of2
May 8, 2oo!
"
- .
\0 Õ(J Ii
<
,-
FOURTH AMENDMENT TO AG1H''RMFNr FOR LEGAL SERVICES
This Fourth Amendmmt to AgreOOJent for Legal Services is made and entered into as of
July 1,2002, by thebetwef011 the CITY OF DUBLIN, a. Municipal Corporation in the State of
. California, hereinafter referred to as "CITY" and MEYERS, NAVE, RIBAc;K. SILVER &
WILSON, hefclnafter referred to as "MNRBW." .
,
. WITNESSETH
, WHEREAS, CITY and MEYERS, NA VB,RIBACK, SILVER & WILSON are parties to
an Agreemen(for legal services, 'dated and entered into 11$ ofJuly I, 1998; and '
WHEREAS; CITY and MEYERS, NA VB, RIBACK, SILVER & WILSON are parties to
the First Amendment to Agreement for Legal Services, dated June 14, 1999; and '
WHEREAS, CITY and MEYERS, NA VB, RIBACK, SILVER & WILSON are parties to
the Second Amendment to Agreement fo, Legal Services, dated July 1, 2000; and '
, WHEREAS, CITY and MEYERS, NA VB, RIBACK, SILVER & WILSON are parties to
the Third Amendment,to Agreement for Legal Services, dated July I, 200 I;
WHEREAS, it is the desire of the parties hereto to Bnlend the agreement;.
NOW, TIŒREFORE, IT IS MUTUALI,. Y AGREED that the Agreement for Legal
Services is amended as follows;
1. Existing paragraph 4 is deleted,and new paragraph 4 is added, to read as follows:
"4. Comne!1satiop
City shall.compensate ATTORNEY,through MNRSW. in the amount of
$178 per hour for all savices rendered, whether by ATTORNEY or by other
attorneys associated with MNRSW, with the followU¡g exceptions: (a) litigation
for which ATTORNEY, through MNRSW, shall be comp=a.ted in the atnount
. of $205 per hour for all litigation services r~dered, whether By ATTORNEY or .
by other attorneys associated with MNRSW; and (b) work for which the City is
reimbursed by third parties, for which ATTORNEY, through MNRSW shall be
. compensated at the rate of $205 per hour, MNRSW wlll be reimbursed fOJ;
customary costs and disbursements, including deposition and witness fees, court
cost, telepbone, photocDþying, facsimile charges, computer research on-line fees
and messeJ;lger services. ATTORNEY, through MNRSW, shall bill CITY at least
on a monthly basis and CITY agrees to pay ATTORNEY withiD. 30 days of such
bill or statement."
. Page 10f2
ATTACHMENT 5
j,
.. '
\\ Cft\ì
. .
. '
IN WITNESS WHEREOF; the parties have executed this Fourth Amendment to
. ,Agreement for Legal Services the day and year set forth below.
CITY OF DUBLIN
A Municipal Corporation
Attest:
Dated: ..,
0Þ-o/o~
By.
MEYERS, NAVE, RIBACK, SILVER & WILSON
, .
Dated:
Lr9,
, .
u¿z.
By:
~~ ~ . !;2..
Elizabeth H. Silver
Page 20f2
"..Db \ì
FIFTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
This Fifth Amemdment to Agreement for Legal Services is made and entered into as of
July I, 2003, by and between the CITY OF DUBLIN, a Municipal Corporation in the State of
California, hereinafter referred to as "CITY" and MEYERS. NA VB. RlBACK, SIL VBR &
WILSON, hereina.fterreferred to as ":MNRSW",
WITNESSETH
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER &. WILSON are parties to
an Agreement for legal services, dated and entered into as of July 1, 1998; and .
WHEREAS, CITY and MEYERS, NA VB, RIBACK. SILVER & WILSON are parties to .
the First Amendment to Agreement for Legal Services, dated Jl.U1e 15, 1999; and
WHEREAS, CITY and MEYERS, NA VB, RlBACK, SILVER & WILSON.are parties to
the SecoJJ.d Ame:o.dmecl to Agree¡:nent for Legal Services, dated July 1, 2000; IiI1d
WHEREAS, CITY a¡¡d MEYERS, NA VB, RIBACK, SILVER & WILSON are parties to
the Th.ird Ame:o.dment to Agree¡:nent for Legal Services, dated Julyl, 2001; and
WHEREAS, CITY and MEYERS, NA VB, RlBACK, SIL VBR &WIT..SON are parties to
the Fourth Amendmeut to Agree¡:nent for Legal Services, dated July 1, 2002; and
WHEREAS, it is the desire of the parties hereto to amend the agreeme:o.t;
NOW, THEREFORE, IT IS MUTUALLY AGREED that the Agreement for legal
services is amended as fol1ows:
1. Existing paragraph 4 is deleted a¡¡d JJ.ew paragraph 4 is added, to read as fol1ows:
"4. COOJIDensatioJJ..
City shall comp=ate ATTORNEY, thtough MNRSW, in the amoWlt of
$180 per hour for all services rendered, whether by ATTORNEY or by other
attorneys associated with MNRSW, with the fol1owing exceptions: (a) litigation, .
for which ATTORNEY, through MNRSW, shall be compensated in the amoWlt of
$210 per hour for all litigation services rendered by IUl associate attorney IUld at
the rate of $210 per hour for alllitigatioJJ. services rendered by a shareholder; and
(b) work for which the City is reimbursed by third parties, for which
ATTORNEY, through MNRSWshall be compensated at the rate 0£$210 per
Fifth AInendn>ent to Agreement fa" Legal Services
(Between Dublin and MNRSW)
. Page 1 af:>
ATIACHMENT 6
\~l'5þ\1
hour. MNRSW will also be reimbursed for customary costs and disbw:semcnts,
including depositi'on and witness fees, court costs, telephone, photocopying, .
facsimile charges, computer research on-line fees and messenger services.
A ITORNEY, through MNRSW, shall bill CITY at least on a mOD.thly basis and
CITY agrees to pay ATTORNEY within 30 days ofsuchbìll or statement.'·
IN WITNESS WHEREOF. the parties have executed this Second Amendment to
. Agreement for Legal Services the day and year set forth below.
CITY OF DUBLIN
A Municipal COIJIoration
Dated:
~~~~
By:
anet Lockbart,Mayo¡-
4oIlM.~ ~
City Clerk ,. 0
Attest:
MEYERS, NAVE, RIBACK, SILVER & wiLsON
Dated: k· 3, 2-hß
¡ ,
By:
-Æ(dL ìi, ~.2..-
Elizabeth H. Silver
Fifth Amendment to Agreement for Legal Services
(Between. Dublin and MNRSW)
Page 2 oÍ2
.,
...
\Y, ötJlì
SIXTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
This Sixth Amendment to Agrcement for Legal Services is ma.de and entered into as of
July 1, 2004, by a¡¡d between the CITY OF DUBLIN, a Municipal Corporation in the State of
California, hereinafter referred to as "CITY" a¡¡d MEYERS, NAVE, RIBACK, SILVER &
WILSON, hereinafter referred to as "MNRSW"
WITNESSETII
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are parties to
an Agreement for legal services, dated and entered into as of July 1, 1998; and
WHEREAS, CITY and :MEYERS, NAVE, RIBACK. SILVER & WILSON are parties to
the First Amendment to Agreement for Legal Services, dated June 15, 1999; and
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are parties to
the Second Amendment to Agreement for Legal Services, dated July 1, 2000; aild
WHEREAS, CITY and MEYERS, NAVE, RIBACK. SILVER & WILSON are parties to .
the Third Amendment to Agreement for Legal Services, dated July 1, 2001; and
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are parties to
the Fourth Amendment to Agreement for Legal Services, dated July 1, 2002; and
WHEREAS, CITY and MEYERS; NAVE, RIBACK. SILVER & WILSON are parties to
the Fifth Amendment to Agreement for Legal Services, dated July 1, 2003; and
WHEREAS, it is the desire of the parties hereto to amend the agreement;
NOW, THEREFORE, IT IS MlITUALL Y AGREED that the Agreement for Legal
Services is amended as follows: .
1. Existing paragraph 4 is deleted and new paragraph 4 is added, to read as follows:
"4. Compensation.
1)1--
City shall compensate ATTORNEY, through MNRSW, in the amount of
$180 per hour for all services rendered, whether by ATTORNEY or by other
attorneys associated with MNRSW, with the following exceptions: (a) litigation,
for which ATTORNEY, through MNRSW, shall be compensated in the amount of
$220 per hour for all litigation services rendered whether by ATTORNEY or other
\)3>
Sixth Amendment to Agreement for Legal Services
(Between Dublin and MNRSW)
Page 10f2
ATTACHMENT "7"
,)< '~~.
15~\r
attorneys in her firm; and (b) work for which the City is reimbursed by third
parties, for which ATTORNEY, through MNRSW, shall be compensated at the
rate of $220 per hour for all services rcndered whether by A TIORNEY or other
attorneys in her firm. MNRSW 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 MNRSW, shall bill CITY at least on a monthly
basis and CITY agrees to pay ATTORNEY within 30 days of such bill or
statement. n
IN WITNESS WHEREOF, the parties have executed this Fifth Amendment to
Agreement for Legal Services the day and year set forth below.
CITY OF DUBLIN
A Municipal Corporation
Dated: .~
By:
r;ÞV/:-f ~¡;/¡ød
Janet Lockhart, Mayor
ÁI1iAl-\.P~~ ~
City Clerk ~
Attest:
MEYERS, NA VB, RlBACK, SILVER & WILSON
Dated:JI.dy t¡;D'f
~~
By:
¥ . abeth H. Silver
700454v 1
Sixth Amendment to Agreement for Legal Services
(Between Dublin and MNRSW)
Page 2 Of2
\l!J 00'1
SEVENTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
This Seventh Amendment to Agreement for Legal Services is made and entered into as of
July 1, 2005, by and between the CITY OF DUBLIN, a Municipal Corporation in the State of
CaJifornia, hereinafter referred to as "CITY" and MEYERS, NAVE, RffiACK, SILVER &
WILSON, hereinafter referred to as "MNRSW".
WITNESSETH
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON ate parties to
an Agreement for legal services, dated and entered into as of July I, 1998; and
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are parties to
the First Amendment to Agreement for Legal Services, dated June 15, 1999; and
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON ate parties to
the Second Amendment to Agreement for Legal Services, dated July 1, 2000; and
WHEREAS, CITY and MEYERS, NAVE, RffiACK, SILVER & WILSON are parties to
the Tlùrd Amendment to Agreement for Legal Services, dated July 1, 2001; and
WHEREAS, CITY and MEYERS, NAVE, RffiACK, SILVER & WILSON are parties to
the Fourth Amendment to Agreement for Legal Services, dated July I, 2002; and
WHEREAS, CITY and MEYERS, NAVE, RffiACK, SILVER & WILSON are parties to
the Fifth Amendment to Agreement for Legal Services, dated July 1,2003; and
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON ate parties to
the Sixth Amendment to Agreement for Legal Services, dated July 1, 2004; and
WHEREAS, it is the desire of the parties hereto to amend the agreement;
NOW, THEREFORE, IT IS MUTUALLY AGREED that the Agreement for Legal
Services is amended as follows:
1. Existing paragraph 4 is deleted and new paragraph 4 is added, to read as follows:
"4. Compensation.
City shall compensate ATTORNEY, through MNRSW, in the amount of
$185 perhoUT for all services rendered, whether by ATTORNEY or by other
Seventh Amendment to Agreement for Legal Services
(Be\",.." Dublin and MNRSW)
Page 1 0(2
ATTACHMENT "8"
7ðb1f
attorneys associated with MNRSW, with the following exceptions: (a) litigation,
for which ATTORNEY, through MNRSW, shall be compensated in the amount of
$225 per hour for all litigation services rendered whether by ATTORNEY or other
attorneys in her firm; and (b) work for which the City is reimbursed by third
parties, for which ATTORNEY, through MNRSW, shall be compensated at the
rate of $225 per hour for all services rendered whether by ATTORNEY or other
attorneys in her firm. MNRSW will also be reimbursed for customary costs and
disbursements, including deposition and witoess fees, court costs, telephone,
photocopying, facsimile charges, computer research on-line fees and messenger
services. ATTORNEY, through MNRSW, shall bill CTIY at least on a monthly
basis and CTIY agrees to pay ATTORNEY within 30 days of such bill or
statement. "
IN WITNESS WHEREOF, the parties have executed this Fifth Amendment to
Agreement for Legal Services the day and year set forth below.
CITY OF DUBLIN
A Municipal Corporation
Dated:
By:
Janet Lockhart, Mayor
Attest:
City Clerk
MEYERS, NAVE, RIBACK, SILVER & WILSON
Dated:
By:
Elizabeth H. Silver
778559_1 ,DOC;114, 1001
Seventh Amendment to Agreement for Legal Services
(Between Dublin ond MNRSW)
Page 2 of2