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Home My WebLink AboutItem 4.12 - 2787 Legal Services Agmt Amendment Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: August 20, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Amendment to Legal Services 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. STAFF RECOMMENDATION: Approve the First Amendment to 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 $265 per hour to $280 per hour Litigation Services $315 per hour to $335 per hour Reimbursable Legal Services Range: $290-$410 per hour to Range: $300-$425 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 last amended the agreement on November 20, 2018 (Attachment 1). Meyers Nave has requested that the City Council consider the following changes to the Amended and Restated agreement: General Legal Services $265 per hour to $280 per hour Litigation Services $315 per hour to $335 per hour Reimbursable Legal Services Range: $290-$410 per hour to Range: $300-$425 per hour Page 2 of 2 Attachment 2 is the proposed First Amendment to the Agreement for Legal Services. The only changes are those outlined above. The proposed amendment would take effect as of July 1, 2019. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. 2018 Meyers Nave Agreement 2. First Amendment to Agreement for Legal Services ov Dp� fey 19 ,82 c,1Ur.ov �e 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 Litigation Services Reimbursable Legal Services DESCRIPTION: $255 per hour to $265 per hour $305 per hour to $315 per hour Range: $280-$395 per hour to Range: $290-$410 per hour 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 effective 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 1 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: ►1074 M12 ATTACHMENTS: 1. Meyers Nave Riback Silver Wilson Legal Services Agreement 2017 2. Meyers Nave Dublin Agreement for Legal Services f . has Foss, City Manager' 11/13/2018 Page 2 of 2 rv..w.,w+,s?w*rt+ w�;....w�ad>att^^,— .-+.-9nrro t•*oWM+rhY,w.tx.ua•mrt..;«ae.�mt'vI,—, v<... o.. 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) -...xrMaw.Y+'./ a.:......, ....,. :., ....v' v..,.w-.-.:...a�+r:...:rr.`e+�1v4.:e'y4h:MYer.V+MH'y:N'Nfr'K 1,fni�rN.Y�ceeM..MrtW?F'N'f�;e�etq�A:Y�?Naw.^c;,2'aat+.!wN®+f.).W'nWM4aC��brv.nwYw...,�..-. ...... ..�. .. ✓.. �;. ..fin+,. .. 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; 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, 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. 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) v.-......aw.+�mxyy�....:.'a - •..!M,eknfer.:un�.v.—......v..,.�v....X>.eruunM'PPt!VARM°}!W�70'1107FR114.'-HlWpil.gsre,MfynYv-49!Yr. w'YriN•.a 4 a.._.v rc ♦n.w hrcYrMMVI r.i. r....�..-..w.mpn..rvt. W'•'?'MSMF�^iWM14b�M'�>°' r r.... .... ....v.r..n. ... ..� CITY OF DUBLIN a Municipal Corporation Dated: / 7,11q / Haubert, Attest: ZV/ - 2 yz City Clerk MEYERS NAVE RIBACK SILVER & WILSON Dated: B Jo . Bakker, Principal 2877922.1 Legal Services Agreement Page 4 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: 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 tern 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] 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. 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 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. 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. Insurance ATTORNEY agrees, through MNRSW, to carry malpractice insurance in full force and effect during the terrn 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. 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 3 of 4 (Between Dublin and MNRSW) CITY OF DUBLIN a Municipal Corporation Dated: David Haubert, Mayor Attest: City Clerk MEYERS NAVE RIBACK SILVER & WILSON Dated: John D. Balcicer, Principal 2877922.1 Legal Services Agreement Page 4 of 4 (Between Dublin and MNRSW) FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES This First Amendment to Amended and Restated Agreement for Legal Services is made and entered into as of July 1, 2019, 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 MNRSW are parties to an Amended and Restated Agreement for Legal Services, dated and entered into as of September 1, 2018; 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: “4. Compensation. City shall compensate ATTORNEY, through MNRSW, in the amount of $280 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 $335 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 $425 Principal $360 Senior Associate and Of Counsel $315 Associate $290 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 Amendment, the City shall have the right to retain the counsel other than MNRSW in particular matters.” IN WITNESS WHEREOF, the parties have executed this First Amendment to Amended and Restated Agreement for Legal Services the day and year set forth below. Dated: Dated: CITY OF DUBLIN a Municipal Corporation By David Haubert, Mayor Attest: City Clerk MEYERS NAVE RIBACK SILVER & WILSON By John D. Bakker, Principal 3076860.1