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HomeMy WebLinkAboutItem 4.10 Meyers Nave Amend Agmtor 19 82 /ii � 111 DATE: TO: FROM: SUBJECT STAFF REPORT CITY COUNCIL September 18, 2012 Honorable Mayor and City Councilmembers Joni Pattillo City Manager""' CITY CLERK File #600 -30 Third Amendment to Agreement for Legal Services with Meyers Nave Prepared by Chris Foss, Assistant City Manager EXECUTIVE SUMMARY: 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 $220 for general legal services and to $264 for litigation and for work for which the City is reimbursed by third parties. FINANCIAL IMPACT: The proposed amendment to the agreement for legal services would increase the hourly rate from $209 to $220 (a 5.26% 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 $252 to $264 an hour (a 4.76% increase) commencing July 1, 2012. RECOMMENDATION: Staff recommends that the City Council approve the Third Amendment to Agreement for Legal Services. t� Submitted By Assistant City Manager DESCRIPTION: Amendment to Legal Services Agreement The City has contracted with Meyers, Nave, Riback, Silver & Wilson (or its predecessors) for legal services since incorporation in 1982. The current agreement for legal services is dated January 15, 2008 (Attachment 1), as amended on July 1, 2008 (Attachment 2) and on July 1, 2011 (Attachment 3). Page 1 of 2 ITEM NO. 4.10 Meyers Nave has requested that the City Council consider the following changes to the agreement: to increase the hourly rate for all general work from $209 to $220 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 $252 to $264. The increase from $209 to $220 is a 5.26% increase and the increase from $252 to $264 is a 4.76% increase. Attachment 4 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, 2012. 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. Second Amendment to Legal Services Agreement, dated July 1, 2011 4. Proposed Third Amendment to Legal Services Agreement Page 2 of 2 AGREEMENT FOR LEGAL SERVICES This Agreement, made and entered Into 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 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 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 attorneys, 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 Page 1 of 4 (Between Dublin and MNRSW) 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, 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 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 ATTORNEY 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 Page 2 of 4 (Between Dublin and MNRSW) 5 No Assignment This Agreement is entered Into by CITY 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 City Council 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 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 written amendment hereto 9 Term This Agreement shall be terminable by CITY at will and by ATTORNEY upon 30 days' written notice 10 Effective Date This Agreement shall be effective March 1, 2008 11 Supersession of Prior Agreements This Agreement shall supersede the Agreement for Legal Services dated July 1, 1998 as amended Legal Services Agreement Page 3 of 4 (Between Dublin and MNRSW) 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 l2 0� By LT, 4�ze d"41 ane Lockhart, Mayor Dated /- 'S-- -07- 1046229 1 114 1001 Legal Services Agreement (Between Dublin and MNRSW) Attest I W City Clerk MEYERS NAVE, RIBACK, SILVER & WILSON Bye Jayn�/W Wi ams Managing Principal Page 4 of 4 0 N R E C E I V-1 FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES ' 'JUL 2 12008 F., e M 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: 444. 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 Services Page I of 2 (Between Dublin and MNRSW) "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, Mayor rw� I City Clerk , Depvf j 2 Dated: By: John D. Bakker 1117588.2 First Amendment to Agreement for Legal Services Page 2 of 2 (Between Dublin and MNRSW) SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES This Second Amendment to Agreement for Legal Services is made and entered into as of July 1, 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: 444. Compensation. 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 Page 1 of 2 (Between Dublin and MNRSW) CITY OF DUBLIN A Municipal Corporation /V Dated: By: Tim Sbranti, Mayor Attest: City Clerk MEYERS, NAVE, RIBACK, SILVER & WILSON Dated: By: ohn D. Bakker 1671300.1 Second Amendment to Agreement for Legal Services Page 2 of 2 (Between Dublin and MNRSW) THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES This Third Amendment to Agreement for Legal Services is made and entered into as of July 1, 2012, 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 July 1, 2011; 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: 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 $220 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 $264 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 $264 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 Third Amendment to Agreement for Legal Services the day and year set forth below. Third Amendment to Agreement for Legal Services Page 1 of 2 (Between Dublin and MNRSW CITY OF DUBLIN A Municipal Corporation Dated: By: Tim Sbranti, Mayor Attest: City Clerk MEYERS, NAVE, RIBACK, SILVER & WILSON Dated: By: John D. Bakker 1965960.1 Third Amendment to Agreement for Legal Services Page 2 of 2 (Between Dublin and MNRS\V)