HomeMy WebLinkAbout4.02 Legal Services Agreement
CITY CLERK
File # DiJ[ll][QJ-[3]lQ]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 28, 2007
SUBJECT:
Ninth Amendment to Agreement for Legal Services
Report Prepared by: Elizabeth Silver, City Attorney
ATTACHMENTS:
RECOMMENDATION:
1. Agreement for Legal Services, dated July 1, 1998
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. Third 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. Eighth Amendment to Agreement for Legal
Services dated July 1, 2006
10. Proposed Ninth Amendment to Agreement for Legal
Services dated July 1, 2007
~ Approve Ninth 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 $190 to $200 (a 5.26% increase) and
increase the rate charged for litigation and work performed by the
City Attorney for which the City is reimbursed by third parties to
$240 an hour (a 2.13% increase) commencing July 1, 2007.
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 1, 1998 (Attachment 1). The agreement for legal services was amended effective
COpy TO:
Page 1 of2
ITEMNO.~. 2~
June 15, 1999, July 1,2000, July 1,2001, July 1, 2002, July 1, 2003, July 1, 2004, July 1, 2005 and July 1,
2006 (Attachments 2,3,4,5,6, 7, 8 and 9)
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 $190 to $200 and to increase the hourly rate
for litigation and for all work performed by the City Attorney for which a third party reimburses the City
for legal services from $235 to $240.
The increase from $190 to $200 is a 5.26% increase and the increase from $235 to $240 is a 2.13%
increase. We anticipate that approximately 55% ofthe City Attorney's work during this fiscal year will be
billed at the lower rate and 45% will be billed at the higher rate.
Attachment 10 is a proposed Ninth Amendment to the Agreement for Legal Services. The only
changes from the current agreement are as described above.
The proposed amendment would be effective July 1,2007.
Recommendation:
Staff recommends that by motion the City Council authorize the Mayor to execute the Ninth
Amendment to Agreement for Legal Services (Attachment 10).
979899JDOC;114.1001
2
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AGREEMENT FOR
LEGAL SERVICES
This Agreement, made and entered into as of July 1, 1998, by and between the CITY OF
DUBLIN, a Municipal Corporation in the State ofCaliforni.a; hereinafter referred to as "CITY"
and MEYERS, NA VB, RIBACK, SILVER & WILSON, a professional corporation, hereinafter
referred to as "MNRSW".
WITNESSETII
WHEREAS, ELIZABETH H. SILVER is a member of the law firm of~W;
WHEREAS, CITY and MNRSW are parties to an agreement dated July I, 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
WIlEREAS, 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 for rendition of legal services to the CITY OF DUBLIN and the
compensation therefore;
NOW, TIIEREFORE, IT IS MUTtJALL Y AGREED as follows:
1. Appointment of City Attornev.
CITY hereby retains ELIZABETH H. SILVER, hereinafter referred to as
"ATTORNEY" as City Attorney for the CITY OF DUBliN and ATTORNEY agrees to fuitbfully
represent the legal interests of CITY during the term of this agreement.
2. Attorney's Services.
ATTORNEY shall provide, through her own services and those of such other
attorneys ofMNRSW, as she 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, and 41803.5. Such services shall include, but not be limited to:
LEElAL SERVICES AElREEMENT
ATTACHMENT 1
.........,
a. Attendance at City Council and Plarining 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;
f 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 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 her offices, hours, support staff and other matters except as provided herein.
4. Compensation.
CITY shall compensate ATTORNEY, through MNRSW, in the amount of$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 ~ 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 UTY 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 eligl'ble 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
LE6AL SERViCES AGREEMENT
PAEiE'.2 OF .0\
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contributions based on compensation for hours billed by ATTORNEY, except that said
contributions shall not be made for any ATTORNEY compensation which exceeds $4,120 per
month. The limitation of $4, 120 per IllQnth in the preceding sentence shall be increased or
decreased as of July 1, 1999 by the petcentage 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 bi-weekly or other basis for record keeping Pur.PPses.
6. No Assignment.
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
attorney ofMNRSW without express written consent of the City Council This Agreement is not
assignable.
7. Municipal Professional Membersbjps. Meetings.
It is understood and agreed that CITY and ATTORNEY mutually benefit from
ATTORNEY's participation in certain professional activities relating to municipal law.
Therefore, ATTORNEY shall maintain active participating in the City Attorney's Department and
activities of the League of California Cities. CITY shall 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, ATTORNEY
shall be reimbursed for her costs and expenses (or registration fee and lodging) for attending the
annual 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 of Municipal 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 CITY.
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.
LEElALSERVlCES AEiREEMENT
PAEiESOF4
:.-.
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9. Annual Review.
Annually, during the month of February, ATIORNEYand Council shall meet to
review the performance of ATIORNEY and members or associates of her 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.
10. Term..
This Agreement shall be,t~leby€rrYatwmand by ATTORNEY upon 30
days' written notice. .
11. Effective Date.
This Agreement shall be effective July 1, 1998.
12. Supersession of Prior Agreements
This Agreement shall supersede 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.
Dared:5/~'jB
~cL
Dated: ~ - ~.,f f'
MEYERS~ NA VB, RIBACK, SILVER & WILSON
4!~ ~~
Elizabeth H. Silver
J:\WPD\MNRSW\l14,()1 \AGREE\1998\LGLSRVS.Sll
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LE6AL SE.R.\l'ICES AElREEMENT
PA6E. 4 OF 4
"
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FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
This First 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
referred to as "CITY" and MEYERS, NA VB, RIBACK, SILVER & WILSON, hereinafter referred to as
"l\1NRSW" .
WITNESSETH
WHEREAS, CITY and MEYERS, NA VB, RIBACK, SIL VBR & WILSON are parties to an
Agreement for legal services, dated and entered into as of July 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:
L 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 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."
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
ATTEST:
By fJ~ ~ ~h.-
By
Date:
Date: L j~~ IfFI'
I #
EHS:rja K:J /G/6-1 5-99/amendment-ca. doc
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First Amendment to Agreement for Legal Selvices
(Between Dublin and MNRSW)
ATTACHMENT 2
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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, 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, S]L VER & 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. COID'oensation.
City shall compensate ATTORNEY, through MNRSW, in the amount of
$155 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
$155 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; 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 A TIORNEY within 30 days of such bill or statement."
Second Amendment to Agreement for Legal Services
(Between Dublin and MNRSW)
Page I of2
April 26, 2000
ATTACHMENT 3
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't
IN WIlNESS 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:
~/slof)
By:
t cJ..,/ &- f!fuL
BACK, SILVER & ~7fN
Dated:
1 ~J / to
By:
tf~#~~
Elizabeth H. Silver
J:\wpd\mnrsw\114\OOl\2000\agree\feeincrease_ 426.doc
EHS:rja
Second Amendment to Agreement for Legal Services
(Between Dublin and MNRSW)
Page 2 of2
April 26, 2000
.....
r
TIllRD 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
California, hereinafter referred to as "CITY" and MEYERS, NA VB, RIBACK, SILVER &
WILSON, hereinafter referred to as "MNRSW".
. WITNESSETH
WHEREAS, CITY and MEYERS, NA VB, 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 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, 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
$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 for Legal Services
(Between Dublin and MNRSW)
Page 1 of2
May 8, 2001
ATTACHMENT 4
l'
IN WITNESS WHEREOF, the parties have executed this Third Amendment to
Agreement for Legal Services the day and year set forth below.
Dated:
5/31/01
( ,
CITY OF DUBLIN
A~~moo
By: ft~
Guy S. ouston, Mayor
Attest:
cL
MEYERS, NAVE, RIBACK, SILVER & WILSON
Dated:
5'~/<;'-()1
By:
if MlP{., <-;1/ ~ J:~
Elizabeth H. Silver
G:\CC-MTGS\2001 QTRZ\MAY\S-} S..()}\att-legal services.doc
Third Amendment to Agreement for Legal Services
(Between Dublin and MNRSW)
Page 2 of2
May S, 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
July 1, 2002, by the between the CITY OF DUBLlN, a Municipal Corporation in the State of
California, hereinafter referred to as "CITY" and MEYERS, NAVE, RIBACK, SILVER &
WILSON, hereinafter referred to as "MNRSW."
.,
. WTINESSETH
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 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 Third 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. Compensation
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 fo~
customary costs and disbursements, including deposition and witness fees, court
cost, telephone, photocopying, facsimile charges, computer research on-line fees
and messet;lger 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
Attachment 5
j~
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t. ;:. ,
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: .
ft; jp; /0 ~
By:
MEYERS, NAVE, RIBACK., SILVER & .WILSON
Dated:
L
I
(J, l8~Z.
.
By: .~~ '?t._ ~~
Elizabeth H. Silver
Page 20f 2
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 Municipal Corporation in the State of
California, hereinafter referred to as "CITY" and MEYERS, NA VB, RIBACK, SILVER &
WILSON, hereinafter referred to as "MNRSW".
WITNESSETH
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SIL VBR & 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, SIL VBR & 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 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 paragr~ph 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
$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 all litigation services rendered by an associate attorney and at
the rate of $21 0 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$210 per
Fifth Amendment to Agreement for Legal Services
(Between Dublin and MNRSW)
ATTACHMENT 6
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 executed this Second Amendment to
. Agreement for Legal Services the day and year set forth below.
CITY OF DUBLIN
A Municipal Corporation
Dated:
(p~l ~~
By:
.AOUM... \\ ~. ~Ii
-~ ~ f
City Clerk
Attest:
MEYERS, NAVE, RIBACK, SILVER & WILSON
Dated: k ~ ~>
I '
By:
~~ II. SiL
Elizabeth H. Silver
Fifth Amendment to Agreement for Legal Services
(Between Dublin and MNRSW)
Page20f2
,. .
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, NA VE, 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, RffiACK, SIT.. VER & WILSON are parties to
the First Amendment to Agreement for Legal Services, dated June 15, 1999; and
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SIT.. VER & WnsON 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, CITY and MEYERS, NAVE, RIBAC~ 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. ComDensation.
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
Sixth Amendment to Agreement for Legal Services
(Between Dublin and MNRSW)
Page 1 Of2
AlTACHMENT 7
~. ..
attorneys in her finn; 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 finn. 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 Fifth Amendment to
Agreement for Legal Services the day and year set forth below.
CITY OF DUBLIN
A Municipal Corporation
Dated: ~
By:
Attest:
MEYERS, NAVE, RIBACK, SILVER & WILSON
Dated: )",,1 '1 b) )OO&{
Btpl~ ~
. abeth H. Silver
7004S4vl
Sixth Amendment to Agreement for Legal Services
(Between Dublin and MNRSW)
Page2of2
SEVENTH AMENDMENT TQ AGREEMENT FOR LEOAL 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
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, RffiACK, SILVER & WILSON are parties to
the First Amendment to Agreement for Legal Services, dated June 15, 1999; and
WHEREAS, CITY and MEYERS, NAVE, RJBACK, SILVER & WJLSON arc 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, NA VB, RIBACK, SlL VER & WILSON are parties to
. the Fourth Amendment to Agreement for Legal Services, dated July 1,2002; and
WHEREAS. CITY and MEYERS, NA VB, RIBACK, SILVER & WlLSON are parties to
the Fifth Amendment to Agreement for Legal Services, dated July t, 2003; and
WHEREAS, CITY and MEYERS, NA VE, RIBAC~ SILVER & WILSON are 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 per hour for all services rendered, whether by A ITORNEY or by other
St:venth Amendment to Agreement for Legal Services
(Between D\lblin and MNRSW)
Page lof2
ATTACHMENT 8
attomeys associated with MNRSW, with the following exceptions: (a) litigation,
for which A TIORNEY, through MNRSW, shall be compensated in the amount of
$225 per hour for all litigation services rendered whether by ATIORNEY or other
attorneys in her firm; 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 $225 per hour for all serviees rendered whether by ATIORNEY or other
attorneys in her finn. 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 A TIORNEY within 30 days of such bill or
statement. "
TN 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 MWlicipal Corporation
Dated:
~ \'Y.,(~
By:
Attest: A ~
OJ" h.....I ~"- ~
.,-- - .-
City Clerk
MEYERS, NAVE, RJBACK., SILVER & WILSON
Dated: 9"'14"" pr'"
By:
~~ >,( fL
Elizabeth H. Silver
n8559_1.DOC;114.1001
Seventh Amendment to Agrllernent for Legal Services
(Between Dublin and MNRSW)
Page 2 of2
EIGHTH AMENDMENT TO AGREEMENT FOR LEQ~ SERVICES
TIus Eighth Amendment to Agreement for Legal ServIces 11' made and entered into as of
July 1, 2000, by and between the ('TTY OF DUBLIN, a MumcIpal Corporation in the State of
Cah fomla, heremafter referred to as "CITY" and MEYERS, NAVE, RIBACK. STL VER &
WTf 'SON, heremafter referred to as "MNRSW"
WITNESSETH
WHEREAS, CITY and MEYERSl NAVE, RIBACK, STL VER & WILSON are parties to
an Agreement for legal services, dated and entered 111tO as or July I, 1998, and
WllEREAS. CITY and MEYERS, NAVE. RIBAC'K, STL VER & WILSON are parties to
the FlfSt Amendment to Agreement for Legal ServIces, dated .June 15, 1999; and
WHEREAS, CITY and MEYERS, NAVE, RlBAC'K. STL VER & WILSON are parties to
the Second Amendment to Agreement for Legal ServlCl:S, dated Julv 1,2000; and
WHhREAS, CITY and MEYERS, NAVE, RIDACK, STL VER & WILSON are parties to
the Thml Amendment to Agreement for Legal SeTVlces, dated July I, 2001, and
WHEREAS, CiTY and MEYERS, NAVE, RlBACK, 5rr. VER & WILSON are partIes to
the Fourth Amendment to Agreement for Legal Services, daLed July 1,2002, and
WHEREAS. CITY and MEYERS, NAVE, RIB ACK, STL VER & WILSON are partIes to
Lhe F1flh Amendment to Agreement for Lega.l ServICes, dated July 1, 2003, and
WHERF-AS. CITY and MEYERS, NAVE, RTBACK, SILVER & WILSON aTe parties to
thl: SIxth Amendment to Agreement for Legal Services, dated July 1,2004, and
WHERhAS, CITY tmd MEYERS, NAVE. RlBACK., snVER & WILSON are parties to
the ~eventh AmendmenL to Agreement for Legal ServIces, dated September 1.2005, and
WHEREAS, 11 1S the deSIre ufthc parties heTetn Lo amend the agreement;
NOW. THEREFORE, IT IS MlmJALLY AGRf:::t.O that the Agreement for Legal
Services IS amended as follows.
EXlshng paragraph 4 is deleted and ne\\< para,brraph 4 is added, to read a.<; follows'
"4 Comoen satl on.
I-iiuhth Amendment to :\pII'CIllCnt for l.egal S~ke~
(lklwt.t~11 nllhlin IIml MNRSV(,'\
Page 1 of 2
ATTACHMENT 9
Cit} shall compensate ATTORNEY, through MNRSW in the amount of
~ 1 90 per hour for all services rendered, whether by ATTORNEY or hy other
attorneys associated WIth MNRSW, wIth the following exceptulns: (a) litigation.
for whIch ATTORNEY, through MNRSW, shall he comp~nsated in the amowlt of
$235 per hour for all litigation services rendered whether by ATTORNEY or other
attorneys in her firm; and (b) work for whIch the City is relDloursed by thIrd
partIes, for whIch ATTORNEY, through MNRSW, shall he cumpCIlsated at the
rate of $235 per hour for all services rendered whether by ATTORNEY or other
attorneys in her firm. MNRSW will also he reimbursed for Cllst(.)mary costs and
disbursements, mcludmg depOSItion and witness fees, court cosls, telephone,
photocopYIng, facsImile charges, computer research on-line tees and messenger
services. ATTORNEY, through MNRSW, shall bill ern' at least un a monthly
hasls and CITY agrees to pa) ATTORNEY withm 30 days 01 such bill or
statement. "
TN WITNESS WHEREOF, the parties have executed this Eighth Amendment to
Agreement for Legal Services the day and year set forth below
CITY OF DUBLIN
A Municipal Corporation
Dated. ~
By'
J,uJL\ki
City Clerk
Attest:
ME'Y ERS, NA VE, RffiACK, SIL VER &. WILSON
Dated. kJ.l)- t2 ,
By'
ljabL :v'. S;L
Eh:.::abeth H. Silver
R34905_1.DOC114.1UlJ1
F.ighlll A,1Il~lLdlll~1I1 To A,1:I'I:"~menr tor Legal Services
{Between L1ublin nnd MN1~\X."
P:.ge 2 of Z
NINTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
This Ninth Amendment to Agreement for Legal Services is made and entered into as of
July 1, 2007, 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, 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 & 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 I, 2003; and
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are parties to
the Sixth Amendment to Agreement for Legal Services, dated July 1, 2004; and
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are parties to
the Seventh Amendment to Agreement for Legal Services, dated September 1,2005; and
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are parties to
the Eighth Amendment to Agreement for Legal Services, dated July 1, 2006; 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:
Ninth Amendment to Agreement for Legal Services
(Between Dublin and MNRSW)
Page lof2
ATTACHMENT 10
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
$200 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
$240 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 $240 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 within 30 days of such bill or
statement. "
IN WITNESS WHEREOF, the parties have executed this Ninth 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
979889_1.DOC114.1001
Ninth Amendment to Agreement for Legal Services
(Between Dublin and MNRSW)
Page 2 of 2