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STAFF REPORT C I T Y C L E R K
DUBLIN CITY COUNCIL File # ^~~^0 -~0
DATE: July 19, 2011
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJEC : Second Amendment to Agreement for
Stephen Muzio as Assistant City Attorney
Prepared By: John Bakker, City Attorney
EXECUTIVE SUMMARY:
Legal Services and Appointment of
Meyers Nave, the law firm that has served as Dublin's City Attorney since its incorporation, has
requested that the City Council consider amending its legal services agreement with the City to
increase the hourly rates to $209 for general legal services and to $252 for litigation and for
work for which the City is reimbursed by third parties. The City Attorney is also requesting that
the City Council accept the resignation of Libby Silver, the current Assistant City Attorney and
former City Attorney, and appoint Stephen Muzio as the Assistant City Attorney.
FINANCIAL IMPACT:
The proposed amendment to the agreement for legal services would increase the hourly rate
from $205 to $209 (a 1.95% increase) and would increase the rate charged for litigation and
work performed by the City Attorney for which the City is reimbursed by third parties from $247
to $252 an hour (a 2.02% increase) commencing July 1, 2011. Funding in the adopted Fiscal
Year 2011-2012 Budget for Legal Services was based on an estimated increase in the hourly
rates and no change in the amount budgeted is recommended at this time.
RECOMMENDATION:
Staff recommends that the City Council approve: 1) Second Amendment to Agreement for
Legal Services, and 2) adopt the Resolution accepting the resignation of Elizabeth H. Silver as
Assistant City Attorney and appointing Stephen Muzio as Assistant City Attorney.
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Submitted By viewed By Revie ed y
City Attorney Administrative Services Director Assistant City Manager
Page 1 of 2 ITEM NO. ~~ ~• I ~
G:\Chris\Staff Reports 2011 Wmendment No 2 to Legal Services Agreement_ Appointment of Assist City Attorney (Muzio).doc
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DESCRIPTION:
Amendment to Legal Services Agreement
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 January
15, 2008 (Attachment 1), as amended on July 1, 2008 (Attachment 2).
The City Attorney has requested that the City Council consider the following changes to the
agreement: (1) increase the hourly rate for all general work from $205 to $209 and (2) 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 $247 to $252.
The increase from $205 to $209 is a 1.95% increase and the increase from $247 to $252 is a
2.02% increase. The last increase to the Meyers Nave contract was effective July 1, 2008.
Attachment 3 is a proposed Second 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, 2011.
Appointment of Assistant City Attorney
Effective February 29, 2008, the City Council accepted the resignation of Elizabeth "Libby"
Silver from her position as City Attorney. At that time, John Bakker was appointed as City
Attorney, and Ms. Silver was appointed as the Assistant City Attorney. Since her appointment,
Ms. Silver has further scaled back her workload in anticipation of her eventual retirement. She
has asked the City Council to accept her resignation as of July 19, 2011.
Since 2007, Stephen Muzio, an associate at Meyers Nave, has assisted Mr. Bakker and Ms.
Silver in providing legal advice to the City. The City Attorney is requesting that Mr. Muzio be
appointed Assistant City Attorney (Attachment 4).
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
No public notification required.
ATTACHMENTS: 1. Legal Services Agreement, dated January 15, 2008
2. First Amendment to Legal Services Agreement, dated July 1,
2008
3. Proposed Second Amendment to Legal Services Agreement
4. Resolution Accepting the Resignation of Elizabeth H. Silver As
Assistant City Attorney and Appointing Stephen Muzio as
Assistant City Attorney
1672687.2
Page 2 of 2
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C~~V C~9.l1~~8~ I~l~f~~9~1~ DA~'E ~Da~~a~a~y '85, z~o~
S~J~J~~'~' Acceptance of Resignat~on of C~ty Attorney, Appomtment of New
City Attorney and Assistant C~ty Attorney, Correspondzng
Amendment to Agreement for Legal Services Report prepared by
Elrzabeth H Silver, City AttOrney
A'~'~A~IIEgM[]E1~1'~'~
1
2
3
4,
5
R~COlVg1V~~ElV]DA'~'A~IV i
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Agreement for Legal Serv~ces, as amended by nxnth
amendment
Letter to Counczl from El~zabeth H Silver, dated January 8,
?008
Proposed Agreemen# for Lega~ Services, dated 7anuary 15,
2Q08
Copy af G~vernment Code sections 4l SO1, 4l 802, 41$03
ancE4~$0~ 5
Resolutron acceptmg reslg.nat~on of Eirzabeth H Sxlver as
C~ty Attorney, appomting John D Bakker as C~ty Attorney,
appotnt~ng El~zabeth H Sil~er as Assistant City Attomey,
and appravmg the Agreement for Legal Services, dated
January 15, 2008
Adopt Resolut~on accepting resignation of Elizabeth H
Silver as City Attorney, appointzng Jahn D Bakker as City
Attorney, appointcng Elizabeth H Silver as Assistant City
Attorney, and approving the Agreement for Legal Servtces
~'~1VA1V~][Ad~ S']['A'll'~NIlE1V~' None There is no change in the pr~posed Agreement for Legal
Serv~ces (Attachment 3} to the City Attorney's rates
~]E~C'RIP'-'gO1V Ehzabeth H Stlver worked wcth M~chael Nave, the City's ftrst CiTy
Attorney, ~n prov~ding legal services to the C~ty from shortly after the Ctty's incorporahon in 1982, and
shc was Acting C~ty Attorney from September l l, 1989 until she was appointed C~iy Attorney on luly 1,
I99fl The City's legal issues have tncreased both m volume and ~n complex~ty ~ver the years as the City
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has grown S~nce January, Z001, John Bakker has assisted Ms Silver ~n providing legal advice to the City
and, in July 2044, the Counc~l appointed Mr Bakker as the Ass~stant City Attorney Mr Bakker has
worked closely with Staff, commissrons and the Council s~nce then ~
The City c~ntracts with Ms Silver and Mr Bakker's law firm - Meyers, I~ave, R~back, Silver & Wilsan -
for legal services The AgreemenE for Legal Servi~es was ]ast arrtended by the eighth amendment,
effective July 1, 2007 (Attachment 1) The Agreement for Legal Serv~ces spe~ifies that Ms 5il~er will be
the City Attorney
Ms Stlver has decided to scale back her work and has asked the Council to accept her resignat~an as the
Crty Attorney, effective February 29, 2008, and to appamfi Mr Bakker as the City Attorney, effechve
March 1, 2008 (Attachment 2) She also suggests that the Council designate h~r as the Asszstant C~ty
Attomey tv ensure cont~nuity She will cant~nne ta work part-time through the end of 2009 and will be
able to assist the Council and the C~ty staff dunng that time on a regular basis as the Assistant City
AEtorney She mtends to be avatlab~e ta t~e City after #hat on an as-needed basis
Mr Bakker ~s a pnncipal with Meyers, Nave, Riback, Silver & Wilson He has been practicmg law since
i 998 He has worked wrth cities and special distncts hts en#rre legal career He has advised the Planning
Commission, City staffand the Council, in Ms Sllver's absence, since 2004 He has worked extensi~ely
with the Commumty Develapment Department and Public Works Department Staff on most of the
development pro~ects He has extensive expenence with land use law, Proposihon 2l $ and
telecomrnunlcat~ons and cable issues
If the Council adopts the attached resolutlon (Attachrnent 5), Ms Siiver's resignation wiIl be effective on
February 29, 2008, and Mr Bakker's appointment as City Attflrney and Ms Silver's appointrnent as
Assistant Crty Attorney would be effecrive on March t, 2ao8 Staff proposes that a reaised ~egai serv~ces
ageement he approved, rather than amend~ng the existmg Agreement for Legai Servtces, wh~ch has
already bcen amended nine t~mes Thus, the propased resolution would approve a restatec~ Agreement for
Legal Serv~ces to name Mr Bakker as the City Attonney There are a few other minar changes from the
exfstmg legal serv~ces ageement (A#tach;ment ~) Paragraph 5 ts deleted, rt pro~ides for Ms Silver's
participa~ion in the Publ~c Employees' Rettrement System The PERS taw has changed since Ms Silver's
appointment, and it is no longer possible for a contract city attorney to become a rnember af PERS
Paragraph 7 is alsa deleted, it provides far reim6ursement ~f the City Attarney part~c~pates in professional
act~v~t~es, such as meet~ngs of the City Attorneys' Departrnent of the League of Ca~ifarnia Cities
Although Ms Sitver does attend such meetings, her law firm has ne~er asked the City to reimburse it for
such costs Finally, paragraph 8 is rev~sed to require increased malpract~ce ~nsurance coverage, the
agreement currently requrres $200,000 per person and $600,000 per o~~urrence These amounts are
revised to $1,OQO,Q00 per person and $2,QQO,DOD per occurrence, wluch are more ~n ime with current
practice Attachrnent 4 includes the Government Cade sections referenced in the a~reement
1k~E~~.DI1~M[~N~DA'~'~~llT The City Attorney recommends that the Council adopt the resolut~on
accept~ng the resignation af Elizabeth H Sxlver as City Attorney, appomhng ~ohn D Bakker as C~ty
Attorney, appoinfing Elizabeth H Sil~er as Ass~stant City Artorney, and approving the Agreement for
Legal ServF~es, dated January 15 {Attachment 5),
1044843 1 114 1001
MNTH AMENDMENT T~ AGREEMENT,FOR LEGAL SERVICES
~ a3
Tlus Ninth Amendment to Agreement for Lega1 Sernces ~s made and entered zntv as of
Ju~y 1, 2047, by and between the CITY ~F DLTBLIN, a Muiucipat Corpora#ton in the State of
Cahfornia, hereinai~er referred ta as "CITY" and MEYERS, NAVE, RIBACK, SII,VE12 &
WIL.SQN, hereinafter referred to as "1VINRSW"
VVITNESSETH
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are part~es to
an Agreement for lega~ services, dated and enteretl ~nto as of luly 1, 1998, and
WI-IEREAS, CITY and MEYERS, NAVE, RIBACK, SII.VER & WII,S4N are partaes to
the F~rst Amendment to Agreement for Legal Services, dated June 15, 1999, and
WHEREAS, CITY and MEYERS, NAVE, RISACK, SILVER & WILSON are partaes to
the Second Amendment to Agreement for Legal Services, dated Jt~ly 1, 2000, and
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are parties to
the Third Amendment ta Agreement for Legal Services, dated Ju~y 1, 2i301, and
W~iEREAS, CITY and MEYEIZS, NAVE, RiBACK, SILVER & WB..SON are parties ta
the Fourth Amendment to Agreement for Legal Services, dated July 1, 2002, and
WHEREAS, CIT'Y~ and ME'YERS, NAVE, RIBACK, SILVER & Vt~,SQN are parties to
the Fifth Amendment to Agreement for Legal Services, dated July l, 2003, and
WHEREAS, CTTY and NiEYERS, NAVE, RIBACK, SII.VER & WII,SON are pazties to
the Sixth Amendment to Agreement for Legal Services, dated July l., 2Q04, and
WHEREAS, CITY and M~YERS, NAVE, RIBACK, SILVER & WQJSON are paxties to
the Seventh Amendrne~t to .A.gireement for I.ega1 Serv~ces, dated September l, 2005, and
WHEREAS, CITY artd MEYERS, NAVE, RIBACK, SILVER ~c WILSON are parhes to
the Eaghth Amendment to Agreement far Legal Sern.ces, dated ~uly 1, 2005, and
WHEREAS, rt is the desire of the part~es hereto to amend the agreement,
NOW, THEREF4RE, IT IS NiUTUALLY AGREED that the Agreement far Lega1
Services zs amended as follaws
N~nth Amendment ro Agreefnent for Legal Services Page 1 0€ 2
{8etween Du~Fin and MNRSV(n
~ a3
Existing paragraph 4 is deleted and new paragraph 4 is aclded, to read as follaws
"4 Com,pensat~vn
Cxty shall compensate ATTORNEY, through M1VRS W, m the amount of
$240 per hour for a11 services rendered, whether by ATT~RNEY or by other
attomeys assoc~ated wrth 1V~NRSW, r~n~h the fallowing except~ans (a) lttrgat~on,
for which ATTORNEY, through MNRSW, shall be compensated in the amount of
$240 per hour far all iit~gat~on services rendered whether by ATTORNEY oz othez'
attorneys m her firm, and (b} work for which the City Zs reunbursec3 by third
part~es, for whxch A'~'TOR,N~Y, through MNRSW, shall be compensated at the
rate of $240 per ~our for~ all serv~ces renderec3 whether by ATTQRNEY or Qther
atEorneys in her firm MNRSW will also be reimbursed for customaxy costs and
disbursements, xncluding depasition and wimess fees, court costs, telephane, ~
photocopymg, facsimite charges, computer research on-line fees and messenger ,
services ATTOFtNEY, through MNRSW, shali bill CTI"Y at least an a rnonth~y
basis and CITY agrees to pay ATT~RNEY vv~thin 30 days of such bill ar
statement "
IN WITNESS WHERE~F, the part~es have execnted this Ninth Amendment to
Agreement for Legai Sernces the day and year set forth below
CITY dF DUBLIN
A Municzpal Corporation ,,,
Date~ 7 0~ Q By
J et Lackhart, Mayor
Attest / ~ - ~ -
~~~v~•/
Crty Clerk~ ~~cl~~
NLEYERS, NAVE, RIBACK, SILVER & WII.,S~N
Dated •~~' ~7 gy
~ zabeth H Silver
979889_~ DOG 1141001
Ninth Amendment to Agreement fox Legal Sen~,ces Page 2 af 2
(Between -ublin and MNR$W)
~u ~ ~ ~ ~ I ~a ~ d ~ rihack sslver ~ w~~so~ ~ ~ `
~ ~~3
prafess~onni law carporatEOn ElizabethH S~Iver
Aft~rteey at !aW
51a 808 2004
January 8, 200$
F~onorabfe Mayor and Councdmembers
City of Dublin
100 C~v~c Plaza
Dublm, CA 34568
~ear Mayar and Councdmem~~rs
I began praciicing law m 1974 and gat my firsf tast~ af rnunicipa( iaw m 1975 when f was hrred as
an ass~stant cEty attomey far a c~ty in fhe central valley That began my ~ve of municrpal law J
have felt very forlunate ta have foun~ an area af the law that I lr~,ly en~oy and find rewacding My
mvalvernent with Dublin began shortly after the City's mcorparat~an ~n i 98~ when ! began ass~st~ng
the City's fir~t C~ty Attorney, Michael ~lave, on a part-time basis i became mare invofvetl w~th
Dublin and was appomted Acting City Attomey on Septernb~f 1 ~,1989 and Ckty Attom~y on Ju[y 1,
~990
As yau weil knQw, the City's fega~ tssues have mcr~ased botfi m volume and c~mptexity aver the
years as t~e Cit}+ has grown Althaugh other attameys itvm my !aw firm have always assisted me,
sF~ce January, 20a1, Jonn 8akker has played a key ro!e ~r~ helpmg me provide Dub1m wtth sound
lega! advice antl, ~n J~ly 2p04, the Council appoinf~d Mr Bakker as the Assistant C~ty Attomey
John has worked clasely with Slaff, commissions and the Cauncd smc~e fhen
1 have decided to reduce my legal pract~ce and work only hal~ fEme, be~~nning this mon#h I
antiapate workmg half-fime though the end of 2Q09 I plan to spend more Gme with my famlfy,
which mcludes my frs# grandci~ild, and to travel I do not 6eiieve I can be the City Attomey while
practici~g law part time and wauld, tt~us, ask t~e Counc~f to accept my ~esignatian as the Cfry
Aftomey, ef~eet~ve February 29 20~8
! have the utmast c~#idenoe m John Bakker and bel~eve the C~#y Councd has an em~nently
qualified successor who wEll cantinue to provide the same kmd af legal adv~ce that I have provided
I belreve the C~ry has been weEl senred by #he c~ntinuity and stab~E~ty ~t has had w~th ~ts long time
City ~9a~ager and with the lengthy servic~ that I and my !aw firm have provrdetl #a the C~ty It is rtat
anly for triis reason but because he is so well quaEffied that ! recommend that the Councd appoint
3ohn Bakker as the C~ty Attorney, effect~ve March 1 2008 I wauld also suggest that the Cour~c~l
designate me as t~e Assistant Ciry A~fomey to ensure cvnbnuiEy for the iwo years t~at 1 plan fo
work on a part bme basis Followmg my retirement at the end of 2009, I mtend to be avadable to
the Gry on an as-needed ~asss
555'f21h StreeL Su~ts 150D ( Oakiand CaE~fom~a 94fiff1 ~ te1510 80B 2UU0 I!ax 510.444 it08 ~ www meyersrtavc aom
OA~LAN~ ~ SAN LEANORO ~ SAflCTA R03A ~ SACRRMENTO ~ SRN FAANC
Nonorable Mayor and Councilmembers
January 8 2007
Page 2
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John rs a pnnc~pai w~th Meyers, hlave, Riback Sdver & Vlldson He has been ~rac~cing law s~nce
1998 He has wo~ced with c~ties and specia~ d~stncts h~s ent~re legal career He ~as adv~sed the
Plann~ng Commission, ~~ty staff antl the CauncEf He has wo~ked exter~sively with the Cvmmunity
Developrnent Deparfinent and Puhi~c Works Department Staff ort a4most all of the apphcal~ans for
land use enti#lements He f~as extensive expener~ce not onfy with land use law bu# wj#h PropoSit~on
218 and with telecammurncahons and cable ~ssues -
I have greaUy appreciated the opportunity to serve as QubE~n's City Attorney~ I have en~oyed
working wi~h [he Councd ar~d wi~h all ofthe City Staff, ir~clud~ng Richard Ambrose, wt~o has been
the City Nlanager for my ent~re tenure w~t#~ Dublm I thank fhe Councrl for giv~ng me tn~s
opporEunity
~~
Very tru~y yours,
~ ~~~'~'~
~
Elizabeth N Silver
EH5 rkb
1043W3_i DpC 714 1401
__s j
AGREENiENT FOR
LEGAL SERVICES
~ ~ 3
~
T#~is Agreement, made and entered mto as of January 15, 2008, by antl between the CITY OF
ntJBLIN, a Mun~c~pa! Carporation in the State of Californ~a, heremafter referred to as "CITY" and M~YERS,
NAVE, RIBACK, SILVER & WILSON, a professianal law corporation hereina#ter referred to as "MNRSW"
iNE~NESSETH
WHEREAS, JOHN ~ BAKKER is a member of the law f~rm ~f MNRSIN
WH~REAS, CITY and MNRSVII are part~es to an agreement dated July 1, 1998, ent~tled
"Agreement for Legal Services", and
WH~REAS, said "Agreement for Legal Services" has been amended nine t~mes on June 15, 1999,
July 1, 2000, Juiy 1, 20Q1, July 1, 2Q02, ,~uly 1, 2D03 July 1, 2004 September ~, 2005, July 1, 2Q06 and
July 2, 20Q7, respectively, and
WHEREAS, t~e parhes des~re to make certain amendments to the "Agreement for Legal Services "
as amendetl, and
UVHEREAS, the p~rpose of this agreement is to restate the "Agreemen# far Legal ServECes" as
amended and make certain changes, and
WHEREAS ~t is the desire of the part~es hereto to enter th~s agreement antl estabhsh the terms
and candit~ans for rendition of legal services to the CITY OF DUBLIN and the compensation therefore,
NQW, TNEREFQRE, IT 15 MUTUALLY AGREED as follows
Appamtment of C~ty~Attorney
CITY hereby retains JOHN D BAKKER hereinafter referred to as °ATTORN~Y," as City
Attorney for #he C1TY p~ DUBL.IN and ATl'ORNEY agrees to fa~thfully represent the lega! interests of C1TY
durmg tt~e term of th~s agreemenf
2 ATTCIRNEY's ServECes
ATTORNEY shalE provide through his awn services and those of such other attnmsys of
MNRSW, as he shall determine, all legal services usually and normaIly provided by city attorneys, and
specifically those duties and services descr~bed m Government Cade Sections 41$01 41802, 418D3 and
41803 5 Such serv~ces shali mclude, but not be I~mited to
Legal Sero~ces Agreement Page 1 of 4
{Between Dubim and MNRSW)
a Attendance at City Council and Planning Commission meetings, ~ a 3
b Prepara#ion of ordinances, resolufiorts, leases, contracts or other legaf
documents,
c Preparaban af all findings decisior~s or other documents pertaining to legislative
ar quasi ~udicial actions ar dec~sions matle by the City Counc~l, boards, commissions or officers,
d Rendenng legal advice {both aral and written) tQ members of the C~ty CauncEl,
comm~ssions, boartls, and to t~e C~ty Manager, deparfinent heads and employees w~t~ respect to City
matters,
e Negotiating andlor rendenng advice with respect to negotiat~ons pertaining to
C~#y's contracts, leases and memoranda of understanding,
Represent~ng City in litigat~on andlor arbitration or other ~udicial, admimstrative ar
quas~-~udicial praceedings,
g Furnis~mg legal services for assessrnent d~sirict or bond proceedings aRd
h Furnishing legal servi~es for the redevelopment agency park~ng aut#~ority or other
agenc~es or ent~t~es wh~ch are not operated as an mtegral part of C~ty, but wh~ch are or may be created by
City as ~ndepe~dent agenc~es
3 ~ndependent Caniractor
ATTORNEY shall provide legal services to CiTY as an ~ndependent cantractor, with
controk over his affices, hours, support staff and other matters except as provided herem
4 Com~ensation
C~ty shal~ compensate ATT~RNEY, through MiVRSV11, in the amount of $2Q4 per hour for
all services rendered whet~er by ATTORNEY or by other attorneys assaciated with MNRSW with the
follawmg exceptions {a) litigation, for which ATT~RNEY thraugh MNRSIN, shall be compensated in the
amount of $240 per ~our for all IitEgation servi~es rendered whether by ATTORN EY or other attorneys in
her firm and (h) work for which the Csty is reimbursed by third parties, for wh~h ATT~RNEY, through
MNR51N, shall be compensated at the rate af $24Q per hour for al~ services rendered whether by
ATTQRNEY or ather attorneys in her firm MNRSUV wili alsa be reimbursed for custamary costs and
drsbursements, includmg deposition and witness fees> court c~sts telephone, photocopying facsimde
charges, computer researc~ or~-line fees and mess~nger services ATT~RNEY, through MNRSW, shall
b~l! CITY at least on a mor~thly basis and CITY agrees to pay ATT~RNEY within 30 days of such bill or
statement .
Legal Services Agreement Page 2 of 4
{Between Dubbn and MNRSWj
Na Assiqnment
9 ~a3
This Ag~eement is entered mto by CITY and MNRSW and, exc~pt as set forth herein the
rights and ~blrgat~Qns af ATTORNEY may not he assigned or delegated to any other attorney of MNRSIN
without express written consent of the City Councd This Agreement ~s not assEgnable
6 lnsurance
ATTOR~lEY agrees, thro~agh MNRSUU, to carry ma2practlce insurance in fuli forc~ and
e~ect dunng the term o~ this agreement m an amaunt not less than $200 000 per person and $6a0,000 per
occur~ence
7 Insurance
ATTORNEY agrees, through MNRSW, to carry malpractice insurance Gn full force and
effect durmg the term of th~s agreement m an amount not less tha~ $~,OOa,000 (one milicon dallars) per
person and $2 000 D00 ~two million dollars~ per occurre~ce
8 Annual Review
Annuaily, dunng the manth af ~ebnaary, AT~ORNEY and Cvunci~ shal~ meet to review the
performance of ATT~RNEY and members or assaciates of his firm m furn~shmg the ser+rices provided
hereunder, and to revtew the compensat~on provrsions hereof The parties may agree to changes ar
amendments hereta, mcluding, but n~t I~mitetl to changes in ~ompensation provisians, which changes or
amendments shali be evidenced by written amendment hereto
9 Term
wntten nohce
This Agreement shall be terminable by C17Y at will and by ATT~RNEY upon 3a days'
10 Effective pate
This Agreement shali be effective March 1, 2008
71 Supersessi~n of ~nar Aqreements
amended
This Agreement shali supersede the Agreement for Legal Services, dated July 1,1998, as
Legal Services Agreer~ent Page 3 of 4
~Between Dublin and MNRSW}
IN WITiVESS WHERE4F, the parties have executed this Agreement for Legal Services the day
and year set forth belaw
CITY OF DUB~.iN
A Munic~pal Cflrporativn
Dated
sy
Janet L.ockhart Mayor
Attest
C~ty Clerk
MEYERS, NAVE, RI6ACK, SILVER & WILSON
Dated
1046229 1 114 1 D~1
Legal 5ervaces Agreement
(Between Dubl~n and MNRSW}
By
Jayne W Williams Managing Pnncipal
~~ ~ a 3
Page 4 of 4
California Government Code
Section 41801 The caty attorney shall advise the city officials ~n
all Iegal matters pertaining to city business
Sectzon 47.802 He shall frame aIl orda.nances and resoluta.ons requared
by the legislative body
section 4~8D3 He shaJ.l perform other legal servzces zequzred from
time to tzme by the ].egzs~atzve body
Secta.on 41803 5 ta) With the consent of the district attorney of the
county the city attorney of any general law city or chartered city
with~n the ~ounty may prosecute any misdemeanor committed wzthin the
city arising out of viola~ion of state law This section shall no~
be deemed to a£fect any di the provisions of Section 72193
(b? zn any case in whicn the dxstrict attorney is granted any
powers or access to information with regard to the prosecution of
mYSdemeanars, thzs grant of powers or access to information shall be
deemed to apply to any other o£fzcar charged with the duty of
proaecuting misdemeanor charges zn the state as authorized by law
l~ ~3
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~`~'TA~~-11[ll~IlElV7C 4
~5~4~~1'l['flON I~I~ -
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~~ ~~~ ~~~~ ~~ ~~~~ff~
*~*~~~*~*
ACCEPTIlVG THE RESIGNATI(~N OF EL~ZABETH H SILVER AS CITY ATTORNEY,
APPOINTtNG JOHN D BAKKER AS CITY ATTORNEY AND ELIZABETH H SILVER AS
ASS~STANT CITY ATTORNEY, AND APPROViNG AGREEMENT FOR LEGAL SERVICES
WHEREAS, El~zaheth H S11ver was Acting C~ty Attorney from September ~ 1, 1989 until June
30, 1990 and was appo~nted C~ty AttQrney on July 1, 1990, and
V~HEREAS, Jahn D Bakker has assrsted Ms Silver m prov~dmg legal advice ta the City since
2001 and ~as been Ass~stant C~ty Attorney since July 2004, and
WHEREAS, the City contracts w~th Ms Silver and Mr Bakker's law firm - Meyers, Nave,
Riback, Silver & W~lson - for legal services and the current Agxeement for Legal Serv~ces was last
amended by the e~ghth amendnnent, effective July 1, 2007, and
WHEREAS, Ms Srlver has decided to scale back her work to half-time #hrough the end of 2009
and has asked the Ga~ncil to accept her resigxaation as the City Attorney, effective February 29, 20Q8,
NOW, THEREFQRE BE IT RESOLVED that the City Council {1} accepts the resignation of
Elizabeth H SiZver as C2ty Attorney, effecti~e February 29, 2008, appoints John D Bakker as Ctty
Attorney, effective March i, ZdQ8, appoints Elizabeth H Sil~er as Assistartt City Attorney, effective
March 1, 2005, and approves the Agreement for Legai Services, dated January 15, Z008 and authorrzes
and directs the Mayor to sign the agreemen#
PASSED, APPROVED AND ADOPTED this 15 day of January, 20fl8, by the following vote
AYES
NOES
ABSENT
ABSTAIN
ATTEST
MAYOR
CITY CLERK
A'~'~'A~~IVfflEI~1~' S
~oFflU~~j~ CITY CLERK
~ ~~~ File # ^~0~'~0
~- ~ -~ $Z 13 .~ 3
,C;~l/
\41,~Fnt21y1~ ,
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 15, 2008
SUBJECT: First Amendment to Agreement for Legal Services
Reporf Prepared by: John Bakker, City Attorney
ATTACHMENTS: 1. Agreement for Legal Services, dated January 15, 2008
2. Proposed First Amendment to Agreement for Legal Services,
dated July 1, 2008
RECOMMENDATION: Approve First 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 $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 $Z00 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 of 2
ATTACHMENT ~
The proposed amendment would be effective July 1, 2008. I~ ~~
Recommendation:
Staff recommends that by motion the City Council authorize the Mayor to execute the First
Amendment to Agreement for Legal Services (Attachment 10).
1 ] 17596.2
2 ~
~
AGREEMENT FOR
LEGAL SERVICES
15 a3
This Agreement, made and entered mto as of January 15, 2008, by and between the CITY OF
DUBLIN a Murncipal Corporation in the State of Califom~a hereinafter referred to as "CITY" and MEYERS,
NAVE, RIBACK SILVER & WILSON, a professional law corporatron, heremafter referred to as "MNRSW"
W17NESSETH
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 t~mes 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 certam 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 condit~ons for rendition of legal services to the CITY OF DUBLIN and the compensation therefore,
NOW THEREFORE, IT IS MUTUALLY AGREED as follows
Appointment of Citv Attomev
CITY hereby retams JOHN D BAKKER hereinafter referred to as "ATTORNEY " as City
Attomey 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 shail provide, through his own services and those of such other attorneys of
MNRSW as he shail determine, all legal services usuaily and normally provided by city attomeys, and
specifically those duties and serv~ces descnbed m Govemment Cotle Sections 41801, 41802 41803 and
41803 5 Such serv~ces shall include, but not be limited to
Legal Services Agreement
(Between Dublin and MNR511~
Page 1 oF 4
Ib ~ 3
Attendance at City Council and Plannmg Commission meetings ~
Preparation of ordmances, resolutions, leases, contracts or other legal
documents
c Preparation of all findings decisions or other documents pertaining to legislative
or quasi ~udiciai actions or decisions made by the City Council boards, commissions or officers,
d Rendering fegal advice (both oral and wntten) to members of the City Council
commiss~ons, boards and to the City Manager department heads and employees with respect to City
matters,
e Negotiatmg and/or rendenng advice with respect to negotiations pertammg to
City's contracts leases and memoranda of understanding,
f Representing City in litigation and/or arbitration or other ~ud~cial, admirnstrative or
quasi-Judicial proceedmgs,
g Furrnshing legal services for assessment distnct or bond proceedings, and
h Fumishmg legai services for the redevelopment agency, parkmg authonty or other
agencies or entities which are not operated as an mtegral part of City, but which are or may be created by
City as mdependent agencies
3 Indeqendent 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, m the amount of $200 per hour for
all services rendered whether by ATTORNEY or by other attorneys associated with MNRSW ~nnth the
following exceptions (a) litigat~on, 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 attomeys m
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 m her firm MNRSW will also be reimbursed for customary costs and
disbursements including deposition and witness fees court costs, telephone photocopymg facsimile
charges, computer research on Ime fees and messenger services AT70RNEY, through MNRSW, shali
bill CITY at least on a monthly basis and CITY agrees to pay ATTORNEY within 30 days of such bdl or
statement
Legal Services Agreement Page 2 of 4
(8etween Dublm and MNRSW)
No Assiqnment
-~f ~~.~
This Agreement is entered into by CITY and MNRSW and except as set forth herem the
rights and obligations of ATTORNEY may not be assigned or delegated to any other attomey of MNRSW
without express wntten consent of the City Councii This Agreement is not assignable
6 Insurance
ATTORNEY agrees, through MNRSW, to carry mafpractice msurance rn 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 msurance m full force and
effect dunng the term of this agreement in an amount not less than $1,000 000 (one mdlion dolla~s) per
person and $2,000,000 (two mdlion dollars) per occurrence
8 Annual Review
Annually dunng the month of February ATTORNEY and Councd shall meet to review the
performance of ATTORNEY and members or associates of his firm m furrnshmg the seroices provided
hereunder, and to review the compensation provisions hereof The parties may agree to changes or
amendments hereto includmg, but not limited to changes in compensation provisions, which changes or
amendments shall be ev~denced by wntten amendment hereto
9 Term
This Agreement shall be terminable by CITY at wdl and by ATTORNEY upon 30 days'
wntten notice
10 Effect~ve 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 Serv~ces Agreement Page 3 of 4
(Between Dublin and MNRSW)
IN WITNESS WHEREOF the parties have executed this Agreement for Legal Seroices the day ~~ ~ 3
and year set forth below
CITY OF DUBLIN
A Mumcipal Corporafion
Dated ! 2~ 0~ By ~~
/Janet Lockhart, Mayor
Attest
~ ~~
Gty Clerk ~ ~
MEYERS NAVE, RIBACK, SILVER & WILSON
Dated ~ - ~ ~~~ ~' ~ By ~t~~ ~~
Jayn Wi ams Managing Pnncipal
1046229 1 114 1001
Legal Services Agreement Page 4 of 4
(Between Dublm and MNRSUI~
FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
i
~~~ a3
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 MIJTUALLY 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 witt~ 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 Services Page 1 of 2
(Between Dublin and MNRSW)
ATTACHMENT 2
~ ~3
. ~
"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.
Dated:
CITY OF DUBLIN
A Municipal Corporation
By:
Janet Lockhart, Mayor
Attest:
City Clerk
Dated: By:
1117588.2
MEYERS, NAVE, RIBACK, SILVER & WILSON
John D. Bakker
First Amendment to Agreement for Legal Services Pa e 2 of 2
g
(Between Dublin and MNRSW)
SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
~1 ~3
This Second Amendment to Agreement for Legal Services is made and entered into as of
July l, 2011, 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 amended as
of July 1, 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. Com~ensation.
City shall compensate ATTORNEY, through MNRSW, in the
amount of $209 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 $252 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 $252 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."
IN WITNESS WHEREOF, the parties have executed this Second Amendment to
Agreement for Legal Services the day and year set forth below.
Second Amendment to Agreement for Legal Services
(Between Dublin and MNRSW)
Page 1 of 2
ATTACHMENT 7
~2 a3
Dated: By:
Attest:
Dated: By:
1671300.1
CITY OF DUBLIN
A Municipal Corporation
Tim Sbranti, Mayor
City Clerk
MEYERS, NAVE, RIBACK, SILVER & WILSON
John D. Bakker
Second Amendment to Agreement for Legal Services Page 2 of 2
(Between Dublin and MNRSW)
RESOLUTION NO. -2011 ~~ r~
~` ~
A RESOLUTION OF THE CITY COUNCIL
OF THE CiTY OF DUBLIN
*********
ACCEPTING THE RESIGNATION OF ELIZABETH H. SILVER AS ASSISTANT CITY
ATTORNEY AND APPOINTING STEPHEN MUZIO AS ASSISTANT CITY ATTORNEY
WHEREAS, Elizabeth H. Silver was the City Attorney from June 30, 1990 until February
29, 2008, when John Bakker was appointed as the City Attorney and she was appointed
Assistan~ City Attorney; and
WHEREAS, since Mr. Bakker's appointment as City Attorney, Ms. Silver has further
~ scaled back her workload in anticipation of eventual retirement and has asked the City Council
to accept her resignation as of July 19, 2011; and
WHEREAS, Stephen Muzio, an associate at Mr. Bakker's law firm, Meyers, Nave,
Riback, Silver & Wilson, has assisted Ms. Silver and Mr. Bakker in providing legal advice to the
City since 2007.
NOW, THEREFORE BE IT RESOLVED that the City Council (1) accepts the resignation
of Elizabeth H. Silver as Assistant City Attorney and (2) appoints Stephen Muzio as Assistant
City Attorney effective July 20, 2011.
PASSED, APPROVED AND ADOPTED this 19th day of July, 2011, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
1671308.1
ATTACHMENT "1