HomeMy WebLinkAbout4.16 Legal Services 8th Amendment
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CITY CLERK
File # D[1iJ[Q[Q]-~[D]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: (June 20, 2006)
SUBJECT:
Eighth Amendment to Agreement for Legal Services
Report Prepared by' Elizabeth Silver, City AI/orney
ATTACHMENTS: 1. Agreement for Legal Services, dated July 1, 199R
2. First Amendment to Agreement for Legal Services,
dated June 15, 1999
3. Second Amendment to Agreement for Legal Services,
dated July 1, 2000
4 Tlmd Amendment to Agreement for Legal Services,
Dated July 1,2001
5 Fourth Amendment to Agreement for Legal Services,
Dated July 1,2002
6. Fifth Amendment to Agreement for Legal Services,
Dated July 1,2003
7 Sixth Amendment to Agreement for Legal Services
Dated July 1,2004
8. Seventh Amendment to Agreement for Legal
Services dated September 1,2005
9 Proposed Eighth Amendment to Agreement tor Legal
Services dated July 1,2006
RECOMMENDATION~ Approve Eighth 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 $185 to $190 (a 2.71 % increase) and
increase the rate charged for litigation and work performed by the
City Attorney for which the City is reimbursed hy thlfd parties to
$235 an hour (a 444% increase) commencing July 1,2006
DESCRIPTION: The City has contracted with Meyers, Nave, Ribaek, Silver &
Wilson (or its predecessors) for legal services since incorporation. The current agreement for legal
services is dated on July J, 199R (Attachment 1). The agreement for legal services was amended effective
June 15, 1999, July 1,2000, July 1,2001, July 1,2002, July 1, 2003, July 1,2004, and July 1, 2005
(Attachments 2,3,4,5,6,7 and 8).
M_~~___~____~_MWW_MH~~_~__~~._~____~~~__________________________________________________..___~_______________
COpy TO:
Page 1 of2
ITEM NO. Lt., to
l..;-\CC~MTGS\2006 cc mtgs\20n6~qtr2\06.Jul1c\06-l0-fl"\as Legal Services.doc
ry
The City Attorney has requested that the Council consider changes to the agreement. The changes
would be to mcrease the hourly rate for all general work from $185 to $190 and to increase the hourly rate
for litigation and for all work performed by the City Attorney for which a thlYd party reimburses the City
for legal services from $225 to $235
The increase from $185 to $190 is a 2.71 % mcrease and the increase from $225 to $235 is a 444%
mcrease. It IS antiCIpated that appnlXlmately 45% of the City Attorney's work dUDng this fiscal year will
be hilled at the lower rate and 550;', will be billed at the higher rate.
Attachment 9 is a proposed Eighth Amendment to the Agreement for Legal Services. The only
changes from the current agreement are as descrihed ah(lVe.
The proposed amendment would he effechve July 1,2006.
Recommendation:
Staff recommends that by motion the City Council authoDze the Mayor to execute the Eighth
Amendment to Agreement for Legal Services (Attachment 9).
Page 2 of2
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AGREEMENT FOR
LEGAL SERVICES
This Agreement, made and entered into as ofJuly 1, 1998, by and hetween the CITY OF
DUBLIN, a Municipal Corporation in the State of California, hereinafter referred to as "CITY"
and MEYERS, NA VB, RlBACK, SILVER & WILSON, a professional corporation, hereinafter
referred to as "MNRSW".
WITNESSE11I
WHEREAS, ELIZABETH H. SILVER is a member of the law fu:m ofMNRSW;
WHEREAS, CITY and MNRSW are parties to an agreement dated July 1, 1990, entitled
"Agreement for Legal Services"; and
WHEREAS, said "Agreement for Legal Services" has been amended three times on
July 1, 1991, July 1, 1995 and July 1, 1996, respectively; and
WHEREAS, the parties desire to make certain amendments to the "Agreement for Legal
Services," as amended, and
wHEREAS, the purpose of this agreement is to restate the "Agreement for Legal
Services" as amended and make certain changes; and
WHEREAS, it is the desire of the parties hereto to enter this agreement and establish the
terms and conditions fur rendition oflega! services to the CITY OF DUBLIN and the
compensation therefure;
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1. Aooointment ofCitv Attornev.
CITY hereby retains ELIZABETH H. SILVER, hereinafter referted to as
"ATTORNEY" as City Attorney fur the CITY OF DUBLIN and ATTORNEY agrees to faithfully
represent the legal interests of CITY dming the tenn ofthis agreement.
2. Attorney's Services.
ATTORNEY shall provide, through her own services and those of such other
attorneys ofMNRSW, as she shall determine, a111egal services usua11y and, normally provided by
City Attorneys, and specifically those duties and services described in Government Code Sections
41801,41802, and 41803.5 Such services sball include, but not be Jimited to:
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LE.6Al. SlUtVlCES AElREEMENT
L\. T'I'L\.('HMI~NT
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a. Attendance at City Council and P1arining Commission meetings;
b. Preparation of ordinances, resolutions, leases, contracts or other legal
documents;
c. 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;
d. 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;
e. Negotiating and/or rendering advice with respect to negotiations pertaining
to City's contracts, leases and memoranda of understanding;
:t: Representing City in litigation and/or arbitration or other judicial,
administrative or quasi-judicial proceedings;
g. Furnishing legal services for assessment district or bond proceedings; and
h. Furnishing legal services fur 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 sball provide legal services to CITY as an independent contractor,
with controi over her offices, hours, support staffand other matters except as provided herein.
4. COffil>ensation.
CITY sball compensate ATTORNEY, throughMNRSW, in the amount 0[$140
per hour for all services rendered, whether by ATTORNEY or by other attorneys associated with
MNRSW, with the exception of litigation, for which ATTORNEY, through MNRSW, shall be
compensated in the amount of$150 per hour for all litigation services rendered by an associate
attorney 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, 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.
5. PERS.
The parties recognize that ATTORNEY is eligJble for and has elected membership
in the Public Employee's Retirement System (PERS) as provided in Government Code section
20322. CITY shall contribute both the employer and employee share of required PERS
LE6.Al.. SEaV'lCES A61!1'1':UJ{N'r
PAGE. 2 OF "
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3'1)11
contributions based on compensation for hours billed by ATTORNEY, except that said
contnbutions shall not be made for any ATTORNEY compensation which el(ceeds $4,120 per
month. The limitation of$4,120 per month in the preceding sentence shall be increased or
decreased as of July 1, 1999 by the percentage change in the Consumer Price Index: (Urban Wage
Earners for San Francisco-Oakland-San Jose) for February of 1999 over the index for February of
1998 and similar adjustments shall be made each July 1 thereafter. As determined by CITY, the
monthly limit may be accounted for on a hi-weekly or other basis for record keeping purposes.
6. No Assilmment.
This Agreement is entered into by CITY and MNRSW and, except as set forth
herein, the rights and obligations of ATTORNEY may not be assigned for delegated to any other
attomey ofMNRSW without express written consent of the City Council This Agreement is not
assignable.
7. Municipal Professional Memberships. Meetinl!s.
It is understood and agreed that CITY and ATTORNEY mutually benefit from
ATTORNEY's participation in certain professional activities relating w nrunicipllllaw.
Therefore, ATTORNEY sbaIl maintain active participating in the City Attorney's Department and
activities of the League of California Cities. CITY sbaIl advance or reimburse to ATTORNEY
her costs and expenses incurred in attending the semi-annual City Attorney's Department meeting
of said League. In the event ATTORNEY shall represent another city or cities, A TTORNBY
shall be reimbursed fur her costs and eJqlCDSes (or registration fee and lodging) for attending the
annuaI City Attorney's Department meeting of said League only in proportion that he number of
cities represented by ATTORNEY bears to one.
Subject to prior authorization of City's City Council, ATTORNEY may enroll,
attend, participate in conferences, courses, seminars, committee work, or other activities in
addition to that hereinabove specified of the League of California Cities, or other organizations
related to the practice ofMunicipaI Law. Upon such authorization, ATTORNEY may incur costs
and expenses in connection with the particular event or activity so authorized, which shall be
advanced or reimbursed by City. In the event, however, that attendance at any event shall involve
an expenditure of $200 or less, ATTORNEY may attend the event without prior authorization of
the City Council and shall have her costs and expenses reimbursed by crTI'.
8. Insurance.
ATTORNEY agrees, through MNRSW, to carry malpractice 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.
LEGAL SERVl.a:s AEiREEMUfT
PAliE 8 OF "
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9. Annual Review.
Annually, during the month of February, ATTORNEY and Council shal1 meet to
review the perfonnance of ATTORNEY and m.embers or associates ofher 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 a.mervhrents shall be evidenced by written amendment hereto.
10. ilm!.
This Agreement shal1 beterrJ1inable byCrrVat Will! and by ATTORNEY upon 30
days' written notice. . .
11. Effective Date.
This Agreement shall be effective July 1, 1998.
12. S\l.oorsession of Prior A.Irreements
Thi'l Agreement shall SlJpersede the Agreement for Legal Services, dated July 1,
1990, as amended.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year set
forth below.
Dated:5/2:J.(~B
Dated: (; - 2..--'1 f/
MEYERS, NAVE, RIBACK, SILVER & WILSON
Et!~erK S;~
J:\WPJ.>IMNRSWlI14'il1IAGREEl1998\LGLSRVS.51 I
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1..R6AL SERV'ICES A61tEEMENT
PAEIE 4. Of' 4.
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611 fer
FIRST AMENDMENT TO AGIHmMENT FOR LEGAL SERVICES
This First Amendment to Agreement for Legal Services is made and entered into as of July 1, 1999,
by and between the CITY OF DUBLIN, a Municipal Corporation in the State of California, hereinafter
referred to as "CITY" and MEYERS, NAVE, RIDACK, SILVER & WILSON, hereinafter referred to as
"MNRSW"
WITNESSETH
WHEREAS, CITY and MEYERS, NA VB, RlBACK, SILVER & WILSON are parties to an
Agreement for legal services, dated and entered into as ofJuly 1, 1998, 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:
I Existing paragraph 4 is deleted and new paragraph 4 is added, to read as follows:
"4. Compensation.
City shall compensate ATTORNEY, throughMNRSW, in the amount of$150 per
hour for all services rendered, whether by ATTORNEY or by other attorneys associated
with MNRSW, with the exception of litigation, for which ATTORNEY, through MNRSW,
shall be compensated in the amount of$150 per hour for all litigation services rendered by
an associate attorney and at the rate of $175 per hOUT 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, 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."
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, RlBACK, SILVER & WILSON
J
By #Jf~ ~);~
Date: fL-.l J);-, If,i'
I .
By
Date:
ATTEST
Kay
Jo1WPDIMNRSW\114101 lAG
EHS~' K'/G/6-15-99/amendmem-cll.doc
--~~---~-------~~----------~-~------~--------~-~---
First Amendment to Agreement for Legal Servioes
(Between Dublin and MNRSW)
ATTA('HMENT_~
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SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
This Second Amendment to Agreement for Legal Services is made and entered into as of
July 1,2000, by and between the CITY OF DUBLIN, a Municipal Corporation in the State of
California, hereinafter referred to as "CITY" and MEYERS, NAVE, RIBACK, SILVER &
WILSON, hereinafter referred to as "MNRSW".
WITNESSETH
WHEREAS, CITY and MEYERS, NAVE, RlBACK, 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, RlBACK, SILVER & WILSON are parties to
the First Amendment to Agreement for Legal Services, dated June 15, 1999; 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 Comoensation.
City shall compensate ATTORNEY, through MNRSW, in the amount of
$155 per hour for all services rendered, whether by ATTORNEY or by other
attorneys a~sociated with MNRSW, with the following exceptions: (a) litigation,
for which ATrORNEY, through MNRSW, shall be compensated in the amount of
$155 per hour for all Jitigation services rendered by an associate attorney and at
the rate of $175 per hour for all litigation services rendered by a shareholder; and
(b) work for which the City is reimbursed by third parties, for which
ATTORNEY, through MNRSW shall be compensated at the rate of $175 per
hour. 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."
Second Amendment to Agreement for Legal Services
(Between Duhlin and MNRSW)
Page 1 of2
ATTACIIMEN'r
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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 Corporation
Dated:
.5/sloO
.
By:
J40.lJ~
Guy S. Hou n, May
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BAC ,SILVER & ~7!N
Dated:
1 jIll/tO
By:
tq-~ "J/ 5:1
Elizabeth H. Silver
J:\wpd\ml1f'Sw\114\OOI \2000\agree\fecincrease_ 426_doc
EHS:lj.
Second Amendment to Agreement for Legal Services
(Between Dublin and MNRSW)
Page 2 of2
April 26, 2000
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THlRD AMENDMENT TO AGREEMENT fOR LEGAL SERVICES
This Third Amendment to Agreement for Legal Services is made and entered into as of
July 1,2001, by and between the CITY OF DUBLIN, a Municipal Corporation in the State of
Califomia, hereinafter referred to as "CTIY" and MEYERS, NAVE, RIBACK, SILVER &
wn.,SON, hereinafter referred 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, NAVE, RIBACK, SILVER & wn.,SON are parties to
the First Amendment to Agreement for Legal Services, dated June 15, 1999; and
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & wn.,SON are parties to
the Second Amendment to Agreement for Legal Services, dated July 1, 2000; 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:
I 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
$175 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
$200 per hour for all litigation 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
compensated at the rate of $200 per hour 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. "
Third Amendment to Agreement fur Legal Services
(Between Dublin and MNRSW)
Page I of2
ATTACHMt~N'I'l
-
IN WITNESS WHEREOF, the parties have executed this Third Amendment to
Agreement for Legal Services the day and year set forth below
Dated:
5/31/0/
I '
CITY OF DUBLIN
::%T
. GuY~""ym
Attest:
MEYERS, NAVE, RIBACK, SILVER & WILSON
Dated:
5"'~/"'OI
1f~ ~~s2---
Elizabeth H. Silver
By'
O,ICC-MTG8I2001QTRZ'MAYI'I.ll.Q11ott-1"11"1 _j.....<1oc
Third Amendment to Agreement for Legal Services
(Between Dublin and MNRSW)
C1~ICj
Page 2 of2
May 8, 2001
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FOURTII AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
This Fourth Amendment to Agreement for Legal Services is made and entered into as of
.Tuly 1, 2002, by the between the CITY OF DUBLIN, a Municipal Corporation in the State of
California, hereinafter referred to as "CITY" and MEYERS, NAVE, RIBACK, SILVER &
WILSON, hereinafter referred 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, NAVE, RIBACK, SILVER & WILSON are parties to
the First Amendment to Agreement for Legal Services, dated June 14, 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; and
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are parties to
the TIurd Amendment to Agreement for Legal Services, dated July 1,2001;
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 Comoensation
City shall.compensate ATTORNEY, through MNRSW, in the amount of
$178 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 $205 per hour for all litigation 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
compensated at the rate of $205 per hour. MNRSW will be reimbursed fOf
customary costs and disbursements, including deposition and witness fees, court
cost, 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."
Page lof2
ATTA(;HM.~N'I' 5
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IN WITNESS WHEREOF; the parties have executed this Fourth Amendment to
Agreement for Legal Services the day and year set forth below.
Dated:
Dated:
CITY OF DUBLIN
A Municipal Corporation
v;)P;/o~
By:
Attest:
MEYERS, NAVE, RIBACK, SILVER & WILSON
L
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BY'
~~~_ 5;;,
Elizabeth H. Silver
(p, l-N) 7-
,
Page 20f 2
1d-'[)\61
FIFTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
ThIS Fifth Amendment to Agreement for Legal Services is made and entered into as of
July 1, 2003, by and between the CITY OF DUBLIN, a MUDlcipal Corporation in the State of
California, hereinafter referred to as "CITY" and MEYERS, NAVE, RIBACK, SILVER &
WILSON, hereinafter referred to as "MNRSW"
WITNESSETH
WHEREAS, CITY and :MEYERS, NAVE, RIBACK, SILVER &. WILSON are parries to
an Agreement for legal services, dated and entered into as ofJuly 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; and
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, it is the desire ofthe 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. Comoensation.
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
$210 per hour for alllingation services rendered by an associate attorney and at
the rate of$210 per hour for all litigation services rendered by a shareholder; and
(b) work for which the City IS reimbursed by third parties, for which
ATTORNEY, through l\1NRSW shall be compensated at the rate of$210 per
Fifth Amendment to Agreement for Legal Services
(Between Dublin and MNRSW)
Page 1 of2
i\'I"I'i\(;HMENT~
hour. MNRSW will also be reimbursed for customary costs and disbursements,
including depositi'on 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."
IN WITNESS WHEREOF, the parties have execnted this Second Amendment to
Agreement for Legal Services the day and year set forth below.
CITY OF DUBLIN
A MuniCIpal Corporation
Dated:
~b.ltl~
~
By:
Attest:
4olJ~~
r ,
City Clerk
MEYERS, NA VB, RIBACK, SILVER & WILSON
Dated: k 3. 2,h3
f '
-1t~ Ii. S;tZ.--
Elizabeth H. Silver
By:
Fifth Amendment to Agreement for Legal Services
(Between Dublin and MNRSW)
/3ifblc;
Page 2 of 2
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SIXTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
This Sixth Amendment to Agreement for Legal Services is made and entered into as of
July 1, 2004, by and between the CITY OF DUBLIN, a Municipal Corporation in the State of
California, hereinafter referred to as "CITY" and MEYERS, NAVE, RIBACK, SILVER &
WILSON, hereinafter referred to as "l\.1NRSW"
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, 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; and
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 & waSON are parties to
the Fourth Amendment to Agreement for Legal Services, dated Jnly 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 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. Comoensation.
City shall compensate ATTORNEY, through l\.1NRSW, 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
Sixth Amendment to Agreement for Legal Services
(Between Dublin and MNRSW)
Page 1 of2
A'I"I'ACHMENT 7
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attorneys in her fiIIl1; 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 rendered whether by ATTORNEY 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 witllln 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
~JAJi~~ ~~>
City Clerk ~ ~ r
Attest:
MEYERS, NAVE, RlBACK, SILVER & WILSON
Dated: :1J'1 b) )fXY{
BtfJ,/t-- ~
. abeth H. Silver
700454v I
Sixth Amendment to Agreement for Legal Services
(Between Dublin Rnd MNRSW)
16"Dblt1
Page 2 of 2
ll.ot1b14
SEVENTH AMENDMENT TO AGREEMENT FOR LEGAL HERVlCES
This Seventh Amendment to Agreement for Legal Services is made and entered into as of
July 1,2005, by and between the CITY OF DUBUN, a Municipal COlporation in the State of
California, hereinafter referred to as "CITY" and MEYERS, NAVE, RlBACK., SILVER &
WILSON, hereinafter referred 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 I, 1998; and
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are parties to
the First Amendment to Agreement fur Legal Services, dated JUlIe 15, 1999; and
WHEREAS, CITY and MEYERS, NAVE, RJBACK, SlL VER & WILSON arc parties to
the Second Amendment to Agreement for Legal Services, dated July 1, 2000; and
WHEREAS, GTY and MEYERS, NAVE, RJBACK, SILVER & WILSON arc parties to
the Third Amendment to Agreement for Legal Services, dated July 1,2001; and
WHEREAS, CITY and MEYERS, NAVE, RlBACK, SILVER & WILSON are parties to
the Fourth Amendment to Agreement for Legal Services, dated Jul} 1,2002; and
WHEREAS, CITY and MEYERS, NAVE, RlBACK, SILVER & WILSON are parties to
the Fifth Amendment to Agreement for Legal Services, dated July 1,2003; and
WHEREAS, CITY and MEYERS, NAVE, RlBACK., SILVER & WILSON are parties to
the Sixth Amendment to Agreement tbr Legal Services, dated July 1,2004; and
WHEREAS, it is the desire of the parties hereto to amend the agreement;
NOW, THEREFORE, IT IS MUTIJALLY AGREED that the Agreement for Legal
Services is amended as follows:
1. E~isting 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
$185 per hour for all services rendered, whether by A TfORNEY or by other
Se"",,nth Amendment to Agreemmt for Legal Servioe.!
(Between Dublin and MNRSW)
PAlIolof2
A'l"I'A(,HM.~NT~
attorneys associated with MNRSW, with the following exceptions: (a) litigation,
for which A TfORNEY, through MNRSW, shall be compensated in the amount of
$225 per hour for all litigation services rendered whether by A TIORNEY or other
attorneys in her firm; and (b) work for which the City is reimbursed by third
parties, for which A TfORNEY, 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. I'vINRSW will also be reimbUrsed for customary costs und
disbursements, including deposition and witness fees, court costs, telephone,
photo<;opying, 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 A TIORNEY within 30 days of such bill or
statement. "
IN WITNESS WHEREOF, the parties bave exccuted this Fifth Amendment to
Agreement for Legal Serviees the day and year set forth below.
CITY OF DUBLlN
A Municipal Corporation
Dated:
\ \y~(~
By:
MEYERS, NAVE, RlBACK, SILVER & WILSON
Dated: 9... 2/;,.. tJ("
1...f~ >,I. J;L
Elizabeth H. Silver
By:
neW.1.00c;114.1001
Seventh Anle"dment 1<> Agreement for Legal Service>
(Between Dublin and MNRSWI
1100 \ '1
Page 2 on
I~OOI4
,
mGHTH AMENDMENT TO. AGREEMENT FOR LEGAL SERVICES
This Eighth Amcndment to Agreement for Legal ServIces IS made and entered into as of
July I, 200Cl, fly and between the CITY OF DUBLm, a Mlllllelpal Curpuration in thc State of
Cali [urma, hereinafter referred to as "CITY" and MEYERS, NAVE, RlBACK, SILVER &
WILSON, hereinafter rcferrcd to as "MNRSW"
WITNESS!J.I.H
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER &- WILSON are parties to
an Agreement for legal services, dated and entcred into as of July I, 1998, and
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are parties to
thc I Irst Amcndment to Agrccmcnt for Lcgal Services, dated JWle 15, 1999; and
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are parhes to
the Second Amendment to Agreement for Legal SerVIces, datcd July 1,2000; and
VV HEREM;, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are parhes to
the third Amendmcnt to Agrccment for Legal Services, dated July 1,2001; and
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SIL VER & WILSON are parties to
the I'ourth Amcndmcnt to Agreement for Legal Serviecs, dated July 1, 2002; and
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are parhes to
the Fifth Amendment to Agreement for Legal ServIces, dated July 1, 2003, and
WHEREAS, CITY and MEYERS, NAVE, RlBACK, SILVER & WILSON are partIes to
the SIxth Amendment to Agreement for Legal Services, dated July 1,2004, and
WIlEREAS, CITY and MEYERS, NAVE, RlBACI<.., SILVER & WILSON are parties to
the <'evenlh Amendment to Agreement for Legal SerVIces, dated September 1,2005, and
WHEREAS, it is the desire of the parties hereto to amend the agreement;
NOW, THEREFORE, IT IS MUTUALLY AGREED that thc Agreement for Legal
Services is amended as follows:
Existmg paragraph 4 1S deleted and nc,^, paragraph 4 is added, to read as follows:
"4 Comoensation.
l~ig-hth Amendment to Agre.eITIe.nt tor Le.g~l Se.tvkes
IlktwC'cn Dublm and MNRSW\
Pag~ I of Z
A'ITACHMENT
Cf
I t1D1) ICY
,
City shall compensatc ATTORNEY, tluough MNRSW, m the amount of
$1 <)0 per hour for all servIces rendered, whether hy ATTORNEY or by othcr
attorneys assocIated with MNRSW, with the following cxccptions: (a) litigation,
for which ATTORNEY, tluongh MNRSW, shall be compensated In the amount of
$235 per hour for all htigation services rendered whether hy <\ TTORNEY or othcr
attomeys in her firm, and (b) work for which the CIty IS relmhursed by third
partIes, for whIch ATTORNEY, through MNRSW, shall be compcnsatcd at the
Tatc of $235 pcr hour for all scrviccs rendered whether hy ATTORNEY or other
allorneys In her finn. MNRSW will also be reimburs"d fi,r customary costs and
dishurscments, including deposition and witocss fccs, court costs, telephone,
photocopying, facsimile charges, computer research on-hne fees and messenger
s"rVlces. ATTORNEY, through MNRSW, shall bill UT'r at least on a monthly
basis and CITY agrces to pay ATTORNEY within 30 days of such hill or
statement. "
IN WITNESS WHEREOF, thc parties have executed thIS EIghth Amendment to
Agrecment li,r 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, RIBACl<.., SILVER & WILSON
Dakd.
By.
Elizabeth H. SIlver
814905_1.DCll;11411l1l1
Eighth All1cndm.cnt to ^~rcl:ment tor Legal Sel'Vices
(Bt'twl'l'lI r~lIhli\l aud MNI::'S'%')
P:-l.gt": Z uf 2