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Home My WebLink About4.07 Legal Services Agmt CITY CLERK File # D[1l]~[Q]-~[QJ AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 15, 2008 SUBJECT: First Amendment to Agreement for Legal Services Report Prepared by: John Bakker, City Attorney ATTACHMENTS: 1. 2. Agreement for Legal Services, dated January 15,2008 Proposed First Amendment to Agreement for Legal Services, dated July 1, 2008 RECOMMENDATION: ~ FINANCIAL STATEMENT: Approve First Amendment to Agreement for Legal Services and authorize Mayor to execute same. The proposed amendment to the agreement for legal services would increase the hourly rate from $200 to $205 (a 2.5% increase) and increase the rate charged for litigation and work performed by the City Attorney for which the City is reimbursed by third parties from $240 to $247 an hour (a 2.92% increase) commencing July 1,2008. 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 January 15,2008 (Attachment 1). The City Attorney has requested that the Council consider changes to the agreement. The first is a non-substantive change to delete paragraph six of the agreement. When this agreement was drafted, the intent was to increase the malpractice insurance coverage amounts contained in the predecessor agreement in order to bring the coverage in line with current practice. The current agreement contains both the outdated insurance provision as well as the current one. The substantive change would be to increase the hourly rate for all general work from $200 to $205 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 $240 to $247. The increase from $200 to $205 is a 2.5% increase and the increase from $240 to $247 is a 2.92% Increase. Attachment 2 is a proposed First Amendment to the Agreement for Legal Services. The only changes from the current agreement are as described above. COPY TO: Page 1 of2 ITEM NO. If. 7 The proposed amendment would be effective July 1, 2008. Recommendation: Staff recommends that by motion the City Council authorize the Mayor to execute the First Amendment to Agreement for Legal Services (Attachment 10). 1117596.2 21 ~- 1 (,' ~/ AGREEMENT FOR LEGAL SERVICES This Agreement, made and entered mto 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, hereinafter 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 City Attorney CITY hereby retains JOHN D BAKKER heremafter referred to as "A TIORNEY" as City Attorney for the CITY OF DUBLIN and ATTORNEY agrees to faithfully represent the legal Interests of CITY dUring the term of thiS agreement 2 ATTORNEY's Services ATTORNEY shall prOVide, through his own services and those of such other attorneys of MNRSW as he shall determine, all legal services usually and normally proVided by city attomeys, and speCifically those duties and servIces desCribed In Government Code Sections 41801, 41802 41803 and 41803 5 Such services shall Include , but not be limited to Legal Services Agreement (Between Dublin and MNRSW) Page 1 of 4 1-tk?Vfl tt I( 'I 7/}~/D~ IV.~ ATTACHMENT 1 () R:r~ 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 district or bond proceedings, and h Furnishing legal services for the redevelopment agency, parking authonty 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 ATIORNEY 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 3:/*& /t 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 dUring the term of this agreement In an amount not less than $1,000 000 (one million dollars) per person and $2,000,000 (two million dollars) per occurrence 8 Annual ReView Annually dUring 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 Lf~ 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 I /1 ~ IlJi By , I Attest ~Lfk City Clerk 1 Ocpvfy MEYERS NAVE, RIBACK, SILVER & WILSON Dated / - I S - - {J r By ~ L ams Managing Principal 104622911141001 Legal Services Agreement (Between Dublin and MNRSW) Page 4 of 4 50i'(p FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES This First Amendment to Agreement for Legal Services is made and entered into as of July 1, 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, 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 January 15, 2008; 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 $205 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$247 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 $247 per hour for all services rendered whether by ATTORNEY or other attorneys associated with MNRSW. 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." 2. Paragraph 6 is deleted in its entirety and new paragraph 6 is added, to read as follows: First Amendment to Agreement for Legal SelVices (Between Dublin and MNRSW) Page 1 of 2 ATTACHMENT 2 h ~\ 0 "6. Intentionally Left Blank." 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 Dated: By: Janet Lockhart, 11ayor Attest: City Clerk MEYERS, NA VE, RIBACK, SILVER & WILSON Dated: By: John D. Bakker 1117588.2 First Amendment to Agreement for Legal Services (Between Dublin and MNRSW) Page 2 of 2