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Home My WebLink AboutReso 069-90 Nave CtyAttnyRESOLUTION NO. 69 - 90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPOINTING CITY ATTORNEY AND APPROVING AN AGREEMENT FOR LEGAL SERVICES WITH MEYERS, NAVE, RIBACK & WEST & RESCINDING RESOLUTION NO. 3-82 WHEREAS, Resolution No. 3-82 designated Michael R. Nave as City Attorney; and WHEREAS, Michael R. Nave has been the City Attorney of the City of Dublin since February 1, 1982; and WHEREAS, because of trial commitments, Michael R. Nave has resigned as City Attorney effective June 30, 1990. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does resolve, determine and order as follows: Section 1. The resignation of Michael R. Nave as City Attorney is accepted, effective June 30, 1990. Section 2. Elizabeth H. Silver is hereby appointed as City Attorney, effective July 1, 1990, to serve at the pleasure of the City Council. Section 3. Michael R. Nave is hereby appointed as Assistant City Attorney, effective July 1, 1990, to serve at the pleasure of the City Council. Section 4. The terms of compensation for the legal services rendered by the City Attorney and Assistant City Attorney shall be as set forth in the "Agreement for Legal Services", attached hereto as Exhibit A. The said "Agreement for Legal Services" is hereby approved by the Council and the Mayor is authorized and directed to execute it. Section 5. The Agreement identified as Exhibit A in Section 4 above, shall supersede the agreement dated April 11, 1988 by and between the City of Dublin and Michael R. Nave. Section 6. Effective July 1, 1990, City of Dublin Resolution No. 3-82 appointing Michael R. Nave as City Attorney is hereby rescinded. PASSED, APPROVED AND ADOPTED this llth day of June, 1990. AYES: NOES: Councilmembers Hegarty, Jeffery, Snyder, Vonheeder and Mayor Moffatt None ABSENT: None ABSTAIN: None ATTES~~ ' ~ Ma o AGREEMENT FOR LEGAL SERVICES This Agreement, made and entered into as of July 1, 1990, by and between the CITY OF DUBLIN, a Municipal Corporation in the State of California, hereinafter referred to as "CITY" and MEYERS, NAVE, RIBACK & WEST, hereinafter referred to as "MNRW". WITNESSETH WHEREAS, ELIZABETH H. SILVER is a member of the law firm of MNRW; and WHEREAS, MICHAEL R. NAVE is a member of the law firm of MNRW; 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: 1. Appointment of City Attorney. CITY hereby retains ELIZABETH H. SILVER, hereinafter referred to as "ATTORNEY" 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. AttorneV's Services. ATTORNEY shall provide, through her own services and those of such other attorneys of MNRW, as she shall determine, all legal services usually and normally provided by City Attorneys, and specifically those duties and services described in Government Code Page 1 of 6 Sections 41801, 41802, and 41803.5. but not be limited to: A. meetings; Such services shall include, Attendance at City Council and Planning Commission 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 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. Page 2 of 6 3. Independent Contractor. ATTORNEY shall provide legal services to CITY as an independent contractor, with control over her offices, hours, support staff and other matters except as provided herein. 4. Compensation. CITY shall compensate ATTORNEY, through MNRW, in the amount of $125 per hour for all services rendered, whether by ATTORNEY or by other attorneys associated with MNRW, including MICHAEL R. NAVE. MNRW will also be reimbursed for customary costs and disbursements, including deposition and witness fees, court costs, telephone, photocopying, computer research on-line fees and messenger services. ATTORNEY, through MNRW, shall bill CITY at least on a monthly basis and CITY agrees to pay ATTORNEY within 30 days of such bill or statement. 5. PERS. The parties recognize that ATTORNEY is eligible for and has elected membership in the Public Employees' Retirement System (PERS) as provided in Government Code Section 20361. CITY shall contribute both the employer and employee share of required PERS contributions based on compensation for hours billed by ATTORNEY, except that said contributions shall not be made for any ATTORNEY compensation which exceeds $2,000 per month. As determined by CITY, the monthly limit may be accounted for on a bi-weekly or other basis for record keeping purposes. Page 3 of 6 6. No Assignment. This Agreement is entered into by CITY and MNRW and, except as set forth herein, the rights and obligations of ATTORNEY may not be assigned or delegated to any other attorney of MNRW without express written consent of the City Council. This Agreement is not assignable. 7. MUnicipal Professional Memberships, Meetinqs. It is understood and agreed that CITY and ATTORNEY mutually benefit from ATTORNEY's participation in certain professional activities relating to municipal law. Therefore, ATTORNEY shall maintain active participation in the City Attorney's Department and activities of the League of California Cities. CITY shall advance or reimburse to ATTORNEY her costs and expenses incurred in attending the semi-annual City Attorney's Department meeting of said League. In the event ATTORNEY shall represent another city or cities, ATTORNEY shall be reimbursed for her costs and expenses (or registration fee and lodging) for attending the annual City Attorney's Department meeting of said League only in proportion that the number of cities represented by ATTORNEY bears to one. Subject to prior authorization of City's City Council, ATTORNEY may enroll, attend, participate in conferences, courses, seminars, committee work, or other activities in addition to that hereinabove specified of the League of California Cities, or other organizations related to the practice of Municipal Law. Upon such authorization, Attorney may incur costs and expenses in connection with the particular event or activity so authorized, which shall Page 4 of 6 be advanced or reimbursed by City. In the event, however, that attendance at any event shall involve an expenditure of $200 or less, ATTORNEY may attend the event without prior authorization of the City Council and shall have her costs and expenses reimbursed by CITY. 8. Insurance. ATTORNEY agrees, through MNRW, to carry ma!practice 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. 9. Annual Review. Annually, during the month of February, ATTORNEY and Council shall meet to review the performance of ATTORNEY and members or associates of her 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 necessarily limited to changes in compensation provisions, which changes.or amendments shall be evidenced by written amendment hereto. 10. Term. This Agreement shall be terminable by CITY at will and by ATTORNEY upon 30 days' written notice. Page 5 of 6 11. Effective Date. This Agreement shall be effective on July 1, 1990. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year set forth below. CITY OF DUBLIN A Munic' al Corporation Dated: /~,/~90 6'. ~o~~, Mayor Dated: 114\agree\tegLserv.ehs 617/90 MEYERS, NAVE, RIBACK & WEST By: ~~ ~~ Elizabeth H. Silver · Page 6 of 6