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HomeMy WebLinkAboutItem 4 Fallon Vlg Appt Dist CounselSTAFF REPORT DISTRICT CLERK File #600-30 FALLON VILLAGE GEOLOGIC HAZARD ABATEMENT DISTRICT DATE:July 17, 2012 TO: Honorable President and Board of Directors FROM: Joni Pattillo, City Manager, City of Dublin SUBJECT: Approval of Legal Services Agreement and Appointment of District Counsel Prepared by Gary Huisingh, Interim District Manager EXECUTIVE SUMMARY: From time to time, the Fallon Village Geologic Hazard Abatement District needs legal services. Staff recommends that the District enter into a legal services agreement with Meyers, Nave, Riback, Silver & Wilson, the law firm that serves as City Attorney to the City of Dublin, and appoint Adam U. Lindgren, or such other person as the District may appoint in the future, as District Counsel. FINANCIAL IMPACT: Legal services would be billed at the hourly rate Meyers Nave charges the City for services. RECOMMENDATION: Staff recommends that the Board adopt the Resolution approving the Agreement for Legal Services, authorizing the District Manager to execute same, and appointing Adam U. Lindgren, or such other person as the District may appoint in the future, as District Counsel. Reviewed By Assistant City Manager City of Dublin DESCRIPTION: The City has contracted with Meyers, Nave, Riback, Silver & Wilson or its predecessors for the provision of legal services since incorporation in 1982. During that time, the City Attorney has occasionally provided legal services for separate legal entities created by or associated with the City, such as various GHADs and the Dublin Housing Authority. ITEM NO. 4. Page 1 of 2 The Fallon Village GHAD, from time to time, needs legal services. So as to avoid any implication that the GHAD is not a separate legal entity from the City, Staff believes that the GHAD should contract for those services. Meyers Nave has indicated a willingness to provide legal services to the GHADs governed by the City Council, through the services of Adam U. Lindgren, a principal with Meyers Nave, or such other person as the District may appoint in the future,. He has been practicing law since 1995. He serves as the City Attorney for the City of Rancho Cordova, and is special counsel to the cities of Fresno, Sacramento, Atwater and Livingston, as well as other districts and agencies. Mr. Lindgren has extensive experience dealing with GHAD-related matters and was a founding member of the California Association of Geologic Hazard Abatement Districts. Staff recommends that the Board of Directors consider approving an Agreement with Meyers, Nave, Riback, Silver & Wilson for the provision of District Counsel services by Adam U. Lindgren, or such other person as the District may appoint in the future,. If the Board of Directors approves this agreement, legal services will be provided to the GHAD at an initial rate of $252 per hour. Thereafter, the rate will be adjusted when the rate the City pays Meyers Nave for legal services that are reimbursed by third parties is adjusted. Approval of this agreement and appointment of Mr. Lindgren as District Counsel will help establish a legal separation between the City of Dublin and the Fallon Village Geologic Hazard Abatement District. This will, in turn, help insulate the City from the risk of liability arising from the GHAD activities and property ownership. Assuming that the Board of Directors approves this agreement, GHAD staff will be preparing similar actions for other GHADs within the City. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None required. ATTACHMENTS: 1. Resolution Approving the Agreement for Legal Services, Authorizing the District Manager to Execute the Agreement, and Appointing Adam U. Lindgren, or such other person as the District may appoint in the future, as District Counsel 2. Legal Services Agreement Page 2 of 2 RESOLUTION NO. __-12 RESOLUTION OF THE BOARD OF THE FALLON VILLAGE GEOLOGIC HAZARD ABATEMENT DISTRICT * * * * * * * * * * * * * * * * * * APPROVING A LEGAL SERVICES AGREEMENT, AUTHORIZING THE DISTRICT MANAGER TO EXECUTE THE AGREEMENT AND APPOINTING ADAM U. LINDGREN AS DISTRICT COUNSEL WHEREAS , this Resolution is adopted pursuant to the provisions of Division 17 (Section 26500 et seq. ; and WHEREAS, the GHAD law permits the Board of Directors to appoint other officers of the District as may be appropriate, and District Staff has proposed that the Board of Directors approve a legal services agreement with Meyers, Nave, Riback, Silver & Wilson and appoint Adam U. Lindgren as District Counsel. NOW, THEREFORE BE IT RESOLVED by the Board of Directors of the Fallon Crossing Geologic Hazard Abatement District that: Section 1. Approval of Legal Services Agreement. The Board of Directors hereby approves the legal services agreement attached hereto as Exhibit A and authorizes the District Manager to execute said agreement. Section 2. Appointment of District Counsel. The Board of Directors hereby appoints Adam U. Lindgren as District Counsel. Section 3. Certification The District Clerk shall certify the adoption of this Resolution. Section 4. Effective Date This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED on the 17th day of July, 2012, by the following vote: AYES: NAYS: ABSTAINED: ABSENT: 1 ________________________________________ President ATTEST: _______________________________________ District Clerk G:\GHAD\Fallon Crossings GHAD\assessment levy\Resolution Appointing Interim Officers.doc 1929407.1 2 EXHIBIT A AGREEMENT FOR LEGAL SERVICES This Agreement, made and entered into as of July 17, 2012, by and between the FALLON VILLAGE GEOLOGIC HAZARD ABATEMENT DISTRICT, a political subdivision of the State of California, hereinafter referred to as "DISTRICT," and MEYERS, NAVE, RIBACK, SILVER & WILSON, a professional law corporation, hereinafter referred to as "MNRSW". WITNESSETH WHEREAS, it is the desire of the parties hereto to enter this ag and conditions for rendition of legal services to the DISTRICT and the compensation therefore. NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1. Appointment of District Counsel. DISTRICT hereby retains ADAM U. LINDGREN, or such other person a may appoint in the future as District COUNSEL, to serve as District COUNSEL for the DISTRI hereinafter referred to as "ATTORNEY," and ATTORNEY agrees to faithfully represent the legal interests of DISTRICT 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 norDistrict counsels. Such services shall include, but not be limited to: a. Attendance at District meetings; b. Preparation of ordinances, resolutions, leases, contracts or oth documents; c. Preparation of all findings, decisions or other documents pertaining to legislative or quasi-judicial actions or decisions made by the District Board of Directors or officers; d. Rendering legal advice (both oral and written) to members of theDistrict Board of Directors, and to District management and staff with respect to District matters; Legal Services Agreement Page 1 of 4 (Between Fallon Village GHAD and MNRSW) EXHIBIT A e. Negotiating and/or rendering advice with respect to negotiations pertaining to District's contracts, leases and memoranda of understanding; f. Representing District in litigation and/or arbitration or other judicial, administrati or quasi-judicial proceedings; g. Furnishing legal services for assessment proceedings. 3. Independent Contractor. ATTORNEY shall provide legal services to DISTRICT as an independent contractor, with control over his offices, hours, support staff and other matters 4. Compensation. District shall compensate ATTORNEY, through MNRSW, in the initial amount of $252 per hour for all services rendered, whether by ATTORNEY or by other . The initial hourly rate is based on the rate that the City of Dulin pays MNRSW for services that are reimbursed by third parties, and the hourly rate shall be adjust to the hourly rate that City pays MNRSW for services that are reMNRSW will also be reimbursed for customary costs and disbursements, including deposi costs, telephone, photocopying, facsimile charges, computer rese-line fees and messenger services. ATTORNEY, through MNRSW, shall bill DISTRICT at least on a monthly basis and DISTRICT agrees to pay ATTORNEY within 30 days of such bill or statement. 5. No Assignment. This Agreement is entered into by DISTRICT and MNRSW and, except as set forth herein, the rights and obligations of ATTORNEY may not be assigned or delegated to any other attorney of MNRSW without express written consent of the District Board of Directors. This Agreement is not assignable. 6. Insurance ATTORNEY agrees, through MNRSW, to carry malpractice insurance i effect during the term of this agreement in an amount not less tha occurrence. Legal Services Agreement Page 2 of 4 (Between Fallon Village GHAD and MNRSW) EXHIBIT A 7. Insurance ATTORNEY agrees, through MNRSW, to carry malpractice insurance i 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. Term This Agreement shall be terminable by DISTRICT at will and by ATTORNEY upon 30 days' written notice. 9. Effective Date. This Agreement shall be effective July 17, 2012. IN WITNESS WHEREOF, the parties have executed this Agreement for and year set forth below. FALLON VILLAGE GEOLOGIC HAZARD ABATEMENT DISTRICT A political subdivision of the State of California Dated: By: Tim Sbranti, President, Board of Directors Attest: District Clerk MEYERS, NAVE, RIBACK, SILVER & WILSON Dated: By: __________________________ David W. Skinner, Managing Principal Legal Services Agreement Page 3 of 4 (Between Fallon Village GHAD and MNRSW) EXHIBIT A 1929222.2 Legal Services Agreement Page 4 of 4 (Between Fallon Village GHAD and MNRSW)