HomeMy WebLinkAboutItem 4.13 - 2308 Meyers Nave Agreement
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STAFF REPORT
CITY COUNCIL
DATE: November 20, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Amended and Restated Legal Services Agreement with Meyers Nave
Prepared by: Christopher L. Foss, City Manager
EXECUTIVE SUMMARY:
Meyers Nave has requested that the City Council consider amending its legal services
agreement with the City to increase the hourly rate for general legal services, litigation
services, and reimbursable third-party services to reflect the 3.85% change in the CPI
since the last increase.
STAFF RECOMMENDATION:
Approve the Amended and Restated Agreement for Legal Services and authorize the
Mayor to execute the same.
FINANCIAL IMPACT:
The proposed amendment to the agreement for legal services would increase the hourly
rates as follows:
General Legal Services $255 per hour to $265 per hour
Litigation Services $305 per hour to $315 per hour
Reimbursable Legal Services Range: $280-$395 per hour to
Range: $290-$410 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 City Council
amended and restated the Agreement for Legal Services effect ive November 1, 2017
(Attachment 1).
Meyers Nave has requested that the City Council consider the following changes to the
Amended and Restated agreement:
General Legal Services $255 per hour to $265 per hour
Litigation Services $305 per hour to $315 per hour
Page 2 of 2
Reimbursable Legal Services Range: $280-$395 per hour to
Range: $290-$410 per hour
Attachment 2 is the proposed Amended and Restated Agreement for Legal Services.
The only substantive changes are those outlined above.
The proposed agreement would take effect as of September 1, 2018.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Meyers Nave Riback Silver Wilson Legal Services Agreement 2017
2. Meyers Nave Dublin Agreement for Legal Services
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 1 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 2 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 3 of 4
Between Dublin and MNRSW)
CITY OF DUBLIN
a Munici al Corporation
Dated: 2 //L l( 7
By
D- id Haubert, May
Attest:
Citiv cr-t,.
City Clerk
MEYERS NAVE RIBACK SILVER& WILSON
Dated: / Z/13/ 17
B
Jo • •. Bakker, Principal
2877922.1
Legal Services Agreement Page 4 of 4
Between Dublin and MNRSW)
Legal Services Agreement Page 1 of 4
(Between Dublin and MNRSW)
AMENDED AND RESTATED
AGREEMENT FOR LEGAL SERVICES
This Agreement, made and entered into as of September 1, 2018, 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 November 1, 2017,
entitled “Agreement for Legal Services;” and
WHEREAS, said “Agreement for Legal Services” restated various provisions of the
Agreement for Legal Services, dated January 15, 2008, which had been amended several times since
2008; and
WHEREAS, the parties desire to amend the compensation section of the “Agreement for
Legal Services,” to reflect inflation; and
WHEREAS, the purpose of this Agreement is to restate the “Agreement for Legal Services”
as amended and make the change to the compensation section; 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 $265 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 $315 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 $410
Principal $360
Senior Associate and Of Counsel $315
Associate $290
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 September 1, 2018.
10. Supersession of Prior Agreements.
This Agreement shall supersede the Agreement for Legal Services, dated November
1, 2017, 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