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HomeMy WebLinkAboutItem 4.6 - 1698 City Attorney Agreement Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: November 21, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Amendment to Legal Services Agreement and Appointment of Assistant City Attorney Prepared by: Christopher L. Foss, City Manager EXECUTIVE SUMMARY: Meyers Nave, the law firm that has served as Dublin’s City Attorney since the City’s incorporation in 1982, has requested that the City Council consider the restated and amended legal services agreement between the City and Meyers Nave. Consistent with the terms of the amended legal services agreement, the City Attorney is proposing that the City Council appoint Lauren Quint, an associate at Meyers Nav e, as Assistant City Attorney. STAFF RECOMMENDATION: Approve the Agreement for Legal Services with Meyers Nave and appoint Lauren Quint as Assistant City Attorney. FINANCIAL IMPACT: The proposed agreement for legal services would increase the hourly rates as follows: General: $245 per hour to $255 per hour Litigation: $295 per hour to $305 per hour Reimbursable: $275-$385 per hour to $280-$395 per hour DESCRIPTION: The City of Dublin has contracted with Meyers, Nave, Riback, Silver & Wilson (or its predecessors) for legal services since the City’s incorporation in 1982. The current agreement for services has been amended seven times since 2008 and was last amended effective September 1, 2016 (Attachment 1 with all amendments). The City Council retained the services of a law firm to review the services provided by Meyers Nave. The review concluded that the services provided are economically consistent with standards in the Bay Area. Page 2 of 2 In the course of the evaluation, Meyers Nave and the City Council agreed to the following changes to the agreement: 1. City Attorney shall propose another attorney from Meyers Nave to serve as Assistant City Attorney (subject to appointment by the City Council). 2. Establishment of office hours at City Offices (not to exceed 14 hours per week). 3. City shall have the right to retain counsel other than Meyers Nave in particular matters. 4. The proposed agreement shall supersede the Agreement for Legal Services dated January 15, 2008, as amended. Attachment 2 is the Amended and Restated Agreement for Legal Services dated November 1, 2017. The proposed amendment would be effective as of November 1, 2017. Consistent with the terms of the new agreement, the City Attorney is requesting that Lauren Quint be appointed as the Assistant City Attorney. NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A ATTACHMENTS: 1. Original Agreement and Amendments to Legal Services 2. Amended and Restated Agreement for Legal Services Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: September 6, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, CityManager SUBJECT: AmendmenttoLegal Services Prepared by: ChristopherL. Foss, City Manager EXECUTIVE SUMMARY: Meyers Nave, the law firmthat has served as Dublin's CityAttorney since its incorporation, has requested that theCityCouncilconsider amending its legal services agreementwith the City to increase the hourly rates for general legal services, litigation services, and reimbursablethird-party services. STAFF RECOMMENDATION: Staff recommendsthat the CityCouncil approve the SixthAmendment to Agreement for LegalServices and authorize Mayor to execute thesame. FINANCIALIMPACT: The proposed amendment to the agreement for legalserviceswouldincrease the hourly rates as follows: General Legal Services $235 per hour to $245 per hour Litigation Services $280 per hour to $295 per hour Reimbursable Legal Services Range $260 - $365perhourto Range $275 - $385perhour DESCRIPTION: TheCity has contracted with Meyers, Nave, Riback, Silver & Wilson (or its predecessors) for legal services since the City’s incorporation in 1982. The current agreement for legal services is dated January 15, 2008 (Atta chment 1), and has been amended on July 1, 2008 (Attachment2), on July 1, 2011 (Attachment 3), on July 1, 2012 (Attachment 4), on July 1, 2013 (Attachment 5), and on March 3, 2015 Attachment 6). Meyers Nave has requested that theCityCouncilconsider t he following changes to the agreement: Page 2 of 2 GeneralLegal Services $235 per hour to $245per hour (increase of 4.26%) LitigationServices $280 per hour to $295per hour (increase of 5.36%) ReimbursableLegalServicesRange $260 - $365 perhour to Range $275 - $385 perhour (increase rangefrom 4.69% - 5.77%) Attachment 7 is a proposed Sixth Amendment to the Agreement for LegalServices. The only changesfromthecurrentagreement are outlinedabove. The proposedamendmentwould be effective as of September 1, 2016. NOTICINGREQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. LegalServices Agreement datedJanuary 15, 2008 2. FirstAmendmentto Legal ServicesAgreement, dated July 1, 2008 3. Second Amendment to LegalServices Agreement, dated July 1, 2011 4. Third Amendment to LegalServices Agreement, dated July 1, 2012 5. Fourth Amendment toLegal Services Agreement, datedJuly 1, 2013 6. Fifth Amendment toLegalServicesAgreement, datedMarch 1, 2015 7. Proposed Sixth Amendment to Legal ServicesAgreement, datedSeptember 1, 2016 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 thelaw firm of MNRSW, WHEREAS, CITY and MNRSW areparties to an agreement dated July 1, 1998, entitled Agreementfor 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, 2005July 1 2006 and July 2, 2007 respectively and WHEREAS, the parties desire to makecertain amendments to the "Agreementfor Legal Services," as amended and WHEREAS the purpose of this agreement is to restate the "Agreement for Legal Services" as amended and makecertain changes, and WHEREAS, it is the desire of theparties 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 herebyretains JOHN D BAKKER hereinafter referred to as "ATTORNEY " as City Attorneyfor the CITY OF DUBLIN and ATTORNEY agrees to faithfully represent thelegal 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 ashe shall determine, all legalservicesusually and normallyprovided by city attorneys, and specifically thoseduties and servicesdescribed 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 findingsdecisions or other documents pertaining to legislative or quasi judicialactions or decisions made by theCity Councilboards, commissions or officers, d Rendering legal advice (bothoral and written) to members of the City Council commissions, boards and to theCity Managerdepartment heads and employees with respect to City matters, e Negotiating and/or renderingadvice with respect to negotiations pertaining to City's contractsleases and memorandaof understanding, f Representing City in litigation and /or arbitration or other judicial, administrativeor quasi - judicial proceedings, g Furnishing legal services for assessmentdistrict or bond proceedings, and h Furnishing legal services for the redevelopment agency, parking authorityor other agenciesorentities which are not operated asan integral part of City, butwhich are or may be created by City as independent agencies 3 Independent Contractor ATTORNEY shall provide legal services to CITY as an independent contractor, with control over his offices hours supportstaff and other matters except as provided herein 4 Compensation City shall compensate ATTORNEY, throughMNRSW, in the amountof $200 perhourfor all servicesrendered whether by ATTORNEYor by other attorneys associated with MNRSW with the followingexceptions (a) litigation, for which ATTORNEY, throughMNRSW, shall be compensated in the amount of $240per hour for all litigationservicesrendered whether by ATTORNEY orotherattorneys 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 hourfor 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 witnessfees court costs, telephone photocopying facsimile charges, computer research on line fees and messenger services ATTORNEY, throughMNRSW, 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 Dublinand MNRSW) 5 No Assignment This Agreement is entered Into by CITY and MNRSW and except as set forthherein the rightsand obligations of ATTORNEY maynot be assignedordelegated to any other attorney of MNRSW without expresswritten consent of the City CouncilThis Agreement is not assignable 6 Insurance ATTORNEY agrees, throughMNRSW, to carry malpracticeinsurance in full force and effect duringthe term of this agreement in an amount not lessthan $200,000 per person and $600,000 per occurrence 7 Insurance ATTORNEY agrees, throughMNRSW to carry malpracticeinsurance in full force and effectduring the term of this agreement in an amount not less than $1,000000 (onemillion dollars) per person and $2,000,000 (two million dollars) per occurrence 8 Annual Review Annually during themonth 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 compensationprovisions hereof The parties may agree to changesor amendmentshereto Including, butnot limited to changes In compensationprovisions, which changes or amendments shall be evidenced by written amendment hereto 9 Term This Agreement shall be terminable by CITYat will andby ATTORNEY upon30 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 datedJuly 1, 1998 as amended Legal Services Agreement Page 3 of 4 Between Dublinand MNRSW) IN WITNESS WHEREOF thepartieshave executed this Agreementfor LegalServicestheday and yearset forth below Dated J 2 fig By or Dated 1046229 1 114 1001 Attest z CITY OF DUBLIN A Municipal Corporation z /I City Clerk MEYERS NAVE, RIBACK, SILVER & WILSON Jayn?/W WiVamsManagingPrincipal Legal Services Agreement Page 4 of 4 BetweenDublin and MNRSW) FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES 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 partiesto 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 Servicesis amended as follows: 1. Existing paragraph 4 is deleted and new paragraph 4isadded, to read as follows: 464. 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 bythird parties, for which ATTORNEY, through MNRSW, shall be compensated at therate of $247 per hour for all services rendered whether by ATTORNEY or other attorneys associated with MNRSW. MNRSW will alsobe 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 ATTORNEYwithin 30 days of such bill or statement." 2. Paragraph 6 is deleted in its entirety and newparagraph 6 is added, toread as follows: First Amendment to Agreement for Legal Services Page 1 of 2 Between Dublin and MNRSW) 6. Intentionally Left Blank." IN WITNESSWHEREOF, the parties haveexecuted this First Amendment to Agreement for Legal Services the day and year set forth below. Dated: '% By: Attest: CITY OF DUBLIN A Municipal Corporation net Lockhart, Mayor J 1A a A City Clerk . C6Q V fN MEYERS, NAVE, RIBACK, SILVER & WILSON Dated: 4711 s / © By: X,. John D. Bakker 1117588.2 First Amendment to Agreement for Legal Services Page2 of 2 Between Dublin and MNRSW) SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES This Second Amendment to Agreement for Legal Services is madeand entered into as of July 1, 2011, by and between the CITY OF DUBLIN, a Municipal Corporation in the State of California, hereinafterreferred to as "CITY" and MEYERS, NAVE, RIBACK, SILVER & WILSON, hereinafterreferred 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 amendthe agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED that the Agreement for Legal Services isamended as follows: 1. Existing paragraph 4 is deleted and new paragraph 4 is added, to read as follows: 464. 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 servicesrendered whether by ATTORNEY or by other attorneys associated with MNRSW; and (b) workfor which the City is reimbursed by third parties, for which ATTORNEY, through MNRSW, shall be compensated atthe 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 WITNESSWHEREOF, 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 Dated: 27 / / By: Ado Tim Sbranti, Mayor Attest: City Clerk MEYERS, NAVE, RIBACK, SILVER & WILSON Dated: i 2D i By: D. Bakker 1671300.1 Second Amendment to Agreement for Legal Services Page 2 of 2 Between Dublin and MNRSV/) r 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,hereinafterreferred 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 thatthe Agreement for Legal Services is amended as follows: 1.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 whetherby 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 basisand CITY agrees to pay ATTORNEY within 30 days of such bill or statement." IN WITNESS WHEREOF, theparties 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: /0//6//c . By: A`ol Tim Sbranti, Mayor Attest: a„,V 7 P ct City_Clerk MEYERS, NAVE, RIBACK, SILVER& WILSON Dated: /0/ 6A-0 a2 By: D. Bakker 1965960.1 Third Amendment to Agreement for Legal Services Page 2 of 2 Between Dublin and MNRSW) r v FOURTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES This Fourth Amendment to Agreement for Legal Services is made and entered into as of July 1, 2013, by and between the CITY OF DUBLIN, a MunicipalCorporation in the State of California,hereinafterreferred 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, July 1, 2011, and July 1, 2012; and WHEREAS, it is thedesire of the parties hereto to amendthe 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: 4. Compensation. City shall compensate ATTORNEY, through MNRSW, in the amount of$225 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$270 per hour for all litigation services rendered whether by ATTORNEY or byother 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 following rates per hour for all services rendered whether by ATTORNEY or other attorneys associated with MNRSW: Senior Principal 350 Principal 310 Senior Associate and Of Counsel $270 Associate 250 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 andmessenger services. ATTORNEY, through MNRSW, shall bill CITY at least on a monthly basis and CITY agrees to pay ATTORNEY within 30 Fourth Amendment to Agreement for Legal Services Page 1 of 2 Between Dublin and MNRSW) 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. CITY OF DUBLIN A Municipal Corporation Dated: Q/9//3 By: Tim Sbranti, Mayor Attest: 67 z /),;( z— City Clerk MEYERS, NAVE, RIBACK, SILVER& WILSON Dated: yl By: II D. Bakker 1965960.1 Fourth Amendment to Agreement for Legal Services Page2 of 2 Between Dublin and MNRSW) a FIFTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES This Fifth Amendment to Agreement for Legal Services is made and entered into as of March 1, 2015, by and between the CITY OF DUBLIN, a Municipal Corporationin 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, July 1, 2011, July 1, 2012 and July 1, 2013; and WHEREAS, it is the desire of the parties hereto to amendthe 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: 4. Compensation. City shall compensate ATTORNEY, through MNRSW, in the amount of$235 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 compensatedin the amount of$280 per hour for all litigation services rendered whether by ATTORNEY or by other attorneys associated with MNRSW; and (b) workfor which the City is reimbursed by third parties, for which ATTORNEY, through MNRSW, shall be compensated at the following rates per hour for all services rendered whether by ATTORNEY or other attorneysassociated with MNRSW: Senior Principal 365 Principal 320 Senior Associate and Of Counsel $280 Associate 260 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 messengerservices. 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." Fifth Amendment to Agreement for Legal Services Page 1 of 2 Between Dublin and MNRSW) IN WITNESS WHEREOF, the partieshaveexecuted this Third Amendment to Agreement for Legal Services the day and year set forth below. CITY OF DUBLIN A Municipal Corporation Dated: By:11--- avid Haubert, Mayor Attest: Caroline Soto, City Clerk MEYERS, NAVE, RIBACK, SILVER & WILSON Dated: o f t i S By:7.0 D. Bakker 2404533.1 Fifth Amendment to Agreement for Legal Services Page 2 of 2 Between Dublin and MNRSW) Sixth Amendment to Agreement for Legal Services Page 1 of 2 Between Dublin and MNRSW) SIXTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES This Sixth Amendment to Agreement for Legal Services is made andentered into as of September 1, 2016, by and between the CITY OF DUBLIN, a Municipal Corporation in the State of California, hereinafterreferred to as “CITY” and MEYERS, NAVE, RIBACK, SILVER WILSON, hereinafterreferred to as “MNRSW”. WITNESSETH WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are parties to an Agreement for Legal Services, dated andentered into as of January 15, 2008, and amended as of July 1, 2008, July 1, 2011, July 1, 2012, July 1, 2013, and March 1, 2015; and WHEREAS, it is the desire of theparties 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: 4. Compensation. City shall compensate ATTORNEY, through MNRSW, in the amount of $245 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 theamount of $295 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 following rates per hour for all services rendered whether by ATTORNEY or other attorneys associated with MNRSW: Senior Principal $385 Principal $335 Senior Associate and Of Counsel $295 Associate $275 MNRSW will also be reimbursed for customary costsand 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.” Sixth Amendment to Agreement for Legal Services Page 2 of 2 Between Dublin and MNRSW) IN WITNESSWHEREOF, theparties have executed this Sixth Amendment to Agreement for Legal Servicesthe day and year set forth below. CITY OF DUBLIN A Municipal Corporation Dated: By: David Haubert, Mayor Attest: Caroline Soto, City Clerk MEYERS, NAVE, RIBACK, SILVER & WILSON Dated: By: John D. Bakker, Principal 2700364.1 Legal Services Agreement Page 1 of 4 (Between Dublin and MNRSW) AGREEMENT FOR LEGAL SERVICES This Agreement, made and entered into as of November 1, 2017, 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 principal of the law firm of MNRSW; WHEREAS, CITY and MNRSW are parties to an agreement dated January 15, 2008, entitled “Agreement for Legal Services;” and WHEREAS, said “Agreement for Legal Services” has been amended six times on July 1, 2008, July 1, 2011, July 1, 2012, July 1, 2013, March 1, 2015, and September 1, 2016, 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: 1. 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. ATTORNEY shall propose another attorney of MNRSW to serve as the Assistant City Attorney, subject to his or her appointment by the City Council. 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: a. Attendance at City Council and Planning Commission meetings; Legal Services Agreement Page 2 of 4 (Between Dublin and MNRSW) b. A scheduled presence of the City Attorney or Assistant at City Offices (“Office Hours”) as may be requested by the City Manager, not to exceed 14 hours per week; c. Preparation of ordinances, resolutions, leases, contracts or other legal documents; d. 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; e. 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; f. Negotiating and/or rendering advice with respect to negotiations pertaining to City’s contracts, leases and memoranda of understanding; g. Representing City in litigation and/or arbitration or other judicial, administrative or quasi-judicial proceedings; h. Furnishing legal services for assessment district or bond proceedings; and i. 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. 3. 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 $255 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 $305 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 following rates per hour for all services rendered whether by ATTORNEY or other attorneys associated with MNRSW: Senior Principal $395 Principal $345 Senior Associate and Of Counsel $305 Associate $280 Legal Services Agreement Page 3 of 4 (Between Dublin and 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. Notwithstanding anything to the contrary in this agreement, the City shall have the right to retain the counsel other than MNRSW in particular matters. 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 $1,000,000 (one million dollars) per person and $2,000,000 (two million dollars) per occurrence. 7. Annual Review Annually, and at such other intervals as the City Council deems appropriate, 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. 8. Term This Agreement shall be terminable by CITY at will and by ATTORNEY upon 30 days’ written notice. 9. Effective Date. This Agreement shall be effective November 1, 2017. 10. Supersession of Prior Agreements. This Agreement shall supersede the Agreement for Legal Services, dated January 15, 2008, as amended. IN WITNESS WHEREOF, the parties have executed this Agreement for Legal Services the day and year set forth below. Legal Services Agreement Page 4 of 4 (Between Dublin and MNRSW) Dated: CITY OF DUBLIN a Municipal Corporation By David Haubert, Mayor Attest: City Clerk Dated: MEYERS NAVE RIBACK SILVER & WILSON By John D. Bakker, Principal 2877922.1