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Home My WebLink AboutReso 08-08 E. Silver Resignation RESOLUTION NO 08 -08 A RESOLUTION OlF THE CITY COUNCIL OlF THE CITY OlF DUBLIN *><*****><*** ACCEPTING THE RESIGNATION OlF ELIZABETH H SIL VlER AS CITY ATTORNEY, APPOINT][NG JOHN D BAKKER AS CITY ATTORNEY AND ELIZABETH H SIL VlER AS ASSISTANT CITY ATTORNEY, AND APPROV][NG AGREEMENT lFOR LEGAL SERVICES WHEREAS, Elizabeth H StIver was Actmg CIty Attorney from September 11, 1989 untIl June 30, 1990 and was appomted CIty Attorney on July 1, 1990, and WHEREAS, John D Bakker has asSIsted Ms StIver m provldmg legal adVIce to the City smce 2001 and has been Assistant CIty Attorney smce July 2004, and WHEREAS, the CIty contracts With Ms SlIver and Mr Bakker's law firm - Meyers, Nave, RIback, StIver & WtIson - for legal services and the current Agreement for Legal ServIces was last amended by the eighth amendment, effective July 1, 2007, and WHEREAS, Ms StIver has deCIded to scale back her work to half-tIme through the end of 2009 and has asked the CounctI to accept her reSIgnatIOn as the CIty Attorney, effective February 29,2008 NOW, THERElFORE BE IT RESOLVlED that the CIty CounctI (1) accepts the reSIgnatIOn of Elizabeth H SlIver as CIty Attorney, effectIve February 29, 2008, appomts John D Bakker as CIty Attorney, effectIve March 1,2008, appomts Elizabeth H StIver as ASSIstant CIty Attorney, effective March 1,2008, and approves the Agreement for Legal ServIces, dated January 15,2008 and authOrIzes and duects the Mayor to sign the agreement PASSED, APPROVED AND ADOPTED thIS 15th day of January, 2008, by the follOWing vote A YES CounctImembers HtIdenbrand, Oravetz, Sbrantl and Scholz, and Mayor Lockhart NOES None ABSENT None ABSTAIN None Azt I EW Deputy City Clerk Reso No 08 08, Adopted 1/15/08 Item No 8 4 Page 1 of 1 AGREEMENT FOR LEGAL SERVICES This Agreement, made and entered Into as of January 15, 2008, 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, a profeSSional law corporation, heremafter referred to as "MNRSW" WITNESSETH WHEREAS JOHN D BAKKER IS a member of the law firm of MNRSW, WHEREAS, CITY and MNRSW are parties to an agreement dated July 1, 1998 entitled "Agreement for legal Services", and WHEREAS, said "Agreement for legal Services" has been amended nine times on June 15, 1999, July 1,2000, July 1,2001 July 1,2002 July 1,2003, July 1 2004 September 1,2005 July 1,2006 and July 2, 2007, 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 for rendition of legal services to the CITY OF DUBLIN and the compensation therefore, NOW, THEREFORE IT IS MUTUAllY AGREED as follows ApPointment of Cltv Attornev CITY hereby retams JOHN D BAKKER hereinafter referred to as 'ATTORNEY," as City Attorney for the CITY OF DUBLIN and ATTORNEY agrees to faithfully represent the legal mterests of CITY dunng the term of thiS agreement 2 ATTORNEY's Services ATTORNEY shall proVide, through his own services and those of such other attorneys of MNRSW, as he shall determme, all legal services usually and normally proVided by city attorneys and speCifically those duties and services descnbed In Government Code Sections 41801, 41802, 41803 and 418035 Such services shall mclude, but not be limited to Legal Services Agreement (Between Dublin and MNRSW) Page 1 of 4 A TT ACHMENT 3 a Attendance at City Council and Planning 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 dlstnct 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 hiS offices hours, support staff and other matters except as proVided herein 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 Legal Services Agreement (Between Dublin and MNRSW) Page 2 of 4 5 No AsslQnment This Agreement IS entered Into by CITY and MNRSW and except as set forth herein the nghts and obligations of ATTORNEY may not be assigned or delegated to any other attorney of MNRSW Without express wntten consent of the City CounCil This Agreement IS not aSSignable 6 Insurance ATTORNEY agrees, through MNRSW, to carry malpractice Insurance In full force and effect dunng the term of this agreement In an amount not less than $200 000 per person and $600 000 per occurrence 7 Insurance ATTORNEY agrees, through MNRSW to carry malpractice Insurance In full force and effect dunng the term of thiS agreement In an amount not less than $1,000,000 (one million dollars) per person and $2,000,000 (two million dollars) per occurrence 8 Annual ReView Annually, dunng the month of February, ATTORNEY and Council shall meet to review the performance of ATTORNEY and members or associates of hiS firm In furnishing the services proVided hereunder, and to review the compensation proVISions hereof The parties may agree to changes or amendments hereto, including, but not limited to changes In compensation proVISions, which changes or amendments shall be eVidenced by wntten amendment hereto 9 Term ThiS Agreement shall be terminable by CITY at Will and by ATTORNEY upon 30 days' wntten notice 10 Effective Date ThiS Agreement shall be effective March 1, 2008 11 Supersession of Pnor AQreements ThiS Agreement shall supersede the Agreement for Legal Services, dated July 1, 1998 as amended Legal Services Agreement (Between Dublin and MNRSW) Page 3 of 4 IN WITNESS WHEREOF, the parties have executed this 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 Jayne W Williams, Managing Principal 1046229 1 114 1001 Legal Services Agreement (Between Dublin and MNRSW) Page 4 of 4