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Home My WebLink AboutItem 3.4 GHAD Legal Services STAFF REPORT FALLON CROSSING GEOLOGIC HAZARD DISTRICT CLERK ABATEMENT DISTRICT File 360-60/600-60# DATE: June 2, 2015 TO: Honorable President and Board of Directors FROM: Christopher L. Foss, GHAD District Manager ` SUBJECT: Approval of Legal Services Agreement and Appointment o District Counsel for the Fallon Crossing Geologic Hazard Abatement District (GHAD) Prepared by Andrew Russell, District Engineer EXECUTIVE SUMMARY: The GHAD Board will consider a legal services agreement for the Fallon Crossing Geologic Hazard Abatement District in order to provide legal services as part of its ongoing management. Staff recommends that the Board enter into a legal services agreement with Meyers, Nave, Riback, Silver & Wilson, and appoint Adam U. Lindgren as District Counsel. FINANCIAL IMPACT: The agreement provides for the services of the District Counsel to be billed at $365 per hour. These services will be funded by the District operating budget. RECOMMENDATION: Staff recommends that the Board adopt the Resolution Approving the Agreement with Meyers, Nave, Riback, Silver, and Wilson for Legal Services and Appointing Adam U. Lindgren as District Counsel. Submitted By 'eviewed By District Engineer District Treasurer DESCRIPTION: The Fallon Crossing Geologic Hazard Abatement District (District) was approved and formed on August 16, 2011. The Dublin City Council sits as the Board of Directors of the District, and the Mayor of Dublin serves as the Board President. Once the District is formally accepted by the Board of Directors, the District will own property within the Fallon Crossing development and the District will maintain and operate various improvements designated in the Fallon Crossing Plan of Control. Page 1 of 2 ITEM NO. 3.4 The District, from time to time, will need legal services and staff recommends that the District contract for such services. Meyers Nave is willing to provide legal services to the District, through the services of Adam U. Lindgren, a principal with Meyers Nave. Mr. Lindgren has been practicing law since 1995. He serves as the City Attorney for Rancho Cordova and is special counsel to the cities of Fresno, Sacramento, and Livingston, as well as other districts and agencies. Mr. Lindgren has extensive experience dealing with Geologic Hazard Abatement District (GHAD)-related matters and he is currently District Counsel for both the Fallon Village GHAD and the Schaefer Ranch GHAD. Staff recommends that the Board consider approving an Agreement with Meyers, Nave, Riback, Silver and Wilson and consider appointing Adam U. Lindgren as District Counsel. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Approving the Agreement with Meyers, Nave, Riback, Silver, and Wilson for Legal Services and Appointing Adam U. Lindgren as District Counsel 2. Exhibit "A" to Resolution, Legal Services Agreement Page 2 of 2 FALLON CROSSING GHAD RESOLUTION NO. - 15 A RESOLUTION OF THE BOARD OF THE FALLON CROSSING GEOLOGIC HAZARD ABATEMENT DISTRICT APPROVING THE AGREEMENT WITH MEYERS, NAVE, RIBACK, SILVER, AND WILSON FOR LEGAL SERVICES AND APPOINTING ADAM U. LUNDGREN AS DISTRICT COUNSEL WHEREAS, this Resolution is adopted pursuant to the provisions of Division 17 (Section 26500 et seq.) of the Public Resources Code, entitled "Geologic Hazard Abatement Districts" ("the GHAD law"); and WHEREAS, the Fallon Crossing Geologic Hazard Abatement District requires legal services; and WHEREAS, the qualifications of Meyers, Nave, Riback, Silver, and Wilson are appropriate for the work proposed. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Fallon Crossing Geologic Hazard Abatement District hereby approves the Agreement (attached hereto as Exhibit A) with Meyers, Nave, Riback, Silver, and Wilson for legal services. BE IT FURTHER RESOLVED that the District Manager is authorized to execute the Agreement. BE IT FURTHER RESOLVED that the Board of Directors hereby appoints Adam U. Lindgren as District Counsel. BE IT FURTHER RESOLVED that the District Clerk shall certify the adoption of this Resolution. BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon adoption. PASSED, APPROVED AND ADOPTED this 2nd day of June, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Board President ATTEST: District Clerk AGREEMENT FOR LEGAL SERVICES This Agreement, made and entered into as of June 2, 2015, by and between the FALLON CROSSING 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 agreement and establish the terms 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, hereinafter referred to as "ATTORNEY," as District COUNSEL for the DISTRICT 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 normally provided by District Counsels. Such services shall include, but not be limited to: a. Attendance at District 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 District Board of Directors or officers; d. Rendering legal advice (both oral and written)to members of the District Board of Directors, and to District management and staff with respect to District matters; 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, administrative Legal Services Agreement Page 1 of 3 (Between Fallon Crossing GHAD and MNRSW) 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 except as provided herein. 4. Compensation. District shall compensate ATTORNEY, through MNRSW, in the initial amount of$365 per hour for all services rendered,whether by ATTORNEY or by other attorneys associated with MNRSW. The initial hourly rate is based on the rate that the City of Dublin pays MNRSW for services that are reimbursed by third parties, and the hourly rate shall be adjusted from time to time based on adjustments to the hourly rate that City pays MNRSW for services that are reimbursed by third parties. 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 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 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. 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. Term Legal Services Agreement Page 2 of 3 (Between Fallon Crossing GHAD and MNRSW) 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 June 2, 2015. IN WITNESS WHEREOF, the parties have executed this Agreement for Legal Services the day and year set forth below. FALLON CROSSING GEOLOGIC HAZARD ABATEMENT DISTRICT A political subdivision of the State of California Dated: By: Christopher L. Foss, District Manager Attest: District Clerk MEYERS, NAVE, RIBACK, SILVER&WILSON Dated: By: Adam U. Lindgren, Principal Legal Services Agreement Page 3 of 3 (Between Fallon Crossing GHAD and MNRSW)