HomeMy WebLinkAboutItem 4.03 Amend Legal Services Agreement CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 13, 1991
SUBJECT: Amendment to Agreement for Legal Services
Report prepared by Kay Keck, City Clerk
EXHIBITS ATTACHED: First Amendment to Agreement for Legal Services
with Meyers, Nave, Riback & West (MNRW)
RECOMMENDATION: Approve Amendment to Agreement and authorize Mayor
to execute same
FINANCIAL- STATEMENT: The City currently has no litigation pending
related to either eminent domain actions or
CEQA; therefore, no financial impact is
anticipated during Fiscal Year 1990-91.
DESCRIPTION: The City entered into an agreement for legal
services with Meyers, Nave, Riback & West on July 1, 1990.
Following a review of legal services by the City Council, an amendment
has been prepared which would increase the billing rate from $125 per
hour to $150 per hour for those services rendered by a partner in the
firm of Meyers, Nave, Riback & West in connection with: a) eminent
domain actions; and b) actions concerning the City's compliance with
the California Environmental Quality Act (CEQA) in which the City is a
defendant. 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.
The City has no current litigation pending with regard to either
eminent domain proceedings or CEQA actions.
Staff recommends that the City Council authorize the Mayor to execute
the first amendment to the Agreement for Legal Services.
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COPIES TO:jZ& / �O
ITEM NO. (�
RECEIVED
kpm 2 91991
MEYERS, NAVE, RIBACK WEST CITY 'OF DUBLIN
MICHAEL R.NAVE A PROFESSIONAL LAW CORPORATION PENINSULA OFFICE
STEVEN R.MEYERS
NATALIE E.WEST GATEWAY PLAZA 1220 HOWARD AVE..SUITE 250
ELIZABETH H.SILVER 777 DAVIS STREET,SUITE 300 BURLINGAME,CA 94010-4211
MICHAEL S.RIBACK SAN LEANDRO,CALIFORNIA 94577 (415)348-7130
FAX(415)342-0886
MOLLY T.TAMI (415)351-4300
MICHAEL F.ROORIOUEZ FAX: (415)351-4481 MARIN OFFICE
KATHLEEN FAUSION
FREDERICK S.ETHERIDGE MEMORANDUM 1202 GRANT AVE.,SUITE E
WENDY A.ROBERTS NOVATO,CA 94945
(415)892-8878
OF COUNSEL
ANDREA J.SALTZMAN REPLY TO:
TO: Richard Ambrose DATE: April 25, 1991
City Manager
FROM: Elizabeth H. Silver
City Attorney
RE: Agreement for Legal Services
1
Enclosed is an amendment to the Agreement for Legal Services
between the City and Meyers, Nave, Riback & West which would amend
our existing agreement to exercise our hourly rate in two
situations: (a) when we represent the City in eminent domain
proceedings and (b) when the City is a defendant in a CEQA action.
The $150 per hour rate would apply only to work performed by
partners in the firm; work performed by associates in such actions
would be charged at $125 an hour.
I would request that you put this amendment to the agreement
on the agenda for the Council meeting of May 13 .
MEYERS, NAVE, RIBACK & WEST
Elizabeth H. Silver
City Attorney, City of Dublin
EHS:cyf
Enclosure
cc: Mayor
Council Members
114\memo\agreement.cyf
FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
This First Amendment to Agreement for Legal Services is made
and entered into as of May 13 , 1991, 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, CITY and MEYERS, NAVE, RIBACK & WEST are parties to
an Agreement for legal services, dated and entered into as of July
1, 1990; 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:
114 . Compensation.
Except as set forth in the following sentence,
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. CITY shall
compensate attorney, through MNRW, in the
amount of $150 per hour for all services
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rendered by a partner in MNRW in connection
with (a) eminent domain actions and (b)
actions concerning CITY'S compliance with the
California Environmental Quality Act in which
CITY is defendant. 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. "
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:
Peter W. Snyder, Mayor
MEYERS, NAVE, RIBACK & WEST
Dated: 1s' By:
Vy �211e__
Elizabeth H. Silver
114\agree\leglserv.1st 4/25/91
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