HomeMy WebLinkAboutItem 4.06 Legal Svcs AgmtSUBJECT:
ATTACHMENTS:
CITY CLERK # 0600-30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: MAY 2, 2000
Second Amendment to Agreement for Legal Services
(Report prepared by Richard Ambrose, City Manager))
A. Agreement for Legal Services, dated July 1, 1998
B. First Amendment to Agreement for Legal Services,
dated July 1, 1999
C. Draft Second Amendment to Agreement for
Legal Services
CLERK
File#
RECOMMENDATION:
Approve Second Amendment to Agreement for Legal
Services and authorize Mayor to execute same
FINANCIAL STATEMENT: The proposed amendment to the agreement for legal
.~/services would increase the general rate charged for
legal services commencing July 1, 2000 by $5 an hour.
It would also increase the litigation rate for associate
attorneys by $5 an hour and would establish a rate for
work performed by the City Attorney for which the City
is reimbursed by third parties.
Sufficient funds will need to be included in the 2000-
2001 Budget.
DESCRIPTION:
The City has contracted with Meyers, Nave, Riback, Silver & Wilson (or its predecessors) for
legal services since incorporation. The current agreement for legal services is dated on July 1, 1998.
(.Attachment A.) The agreement for legal services was amended on July 1, 1999.
The City Attorney has requested that the Council consider changes to the agreement. The changes
would be to (a) increase the hourly rate for general services from $150 an hour to $155 an hour; (b)
increase the litigation rate for associate attorneys from $150 to $155 an hour; and (c) establish a rate of
$175 per hour for all work performed by the City Attorney for which a third party reimburses the city for
legal services performed. The litigation rate would remain at $175 an hour for shareholders.
The increase from $150 to $155 an hour is less than the increase in the Consumer Price Index for
the last year. The new rate category ($175 an hour for work for which a third party reimburses the City)
will apply primarily to work performed by the City Attorney in connection with land use applications or
G:\Cc-MTGs~2000QTR2LMAY~5-2-00\ag-legal svcs agmt.doc ~)
· in the. event the City recovers attomeys fees in a contractual dispute. The proposed rate is below the
market rate for such work in the area. The proposed rates are less than the firm's standard hourly rates.
Attachment C 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, 2000.
Recommendation:
Staff recommends that by motion the City Council authorize the Mayor to execute the Second
Amendment to Agreement for Legal Services (Attachment C).
AGREEMENT FOR
LEGAL SERVICES
This Agreement, made and entered into as of July 1, 1998, 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 corporation, hereinafter
referred to as "MNRSW".
WITNESSETH
WHEREAS, ELIZABETH H. SILVER is a member of the law firm of MNRSW;
WHEREAS, CITY and MNRSW are parties to an agreement dated July 1, 1990, entitled
"Agreement for Legal Services"; and
WHEREAS, said "Agreement for Legal Services" has been amended three times on
July 1, 1991, July 1, 1995 and July 1, 1996, 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 ELIZABETH H. SILVER, hereinafter referred to as
"ATTORNEY" as City Attorney for the CITY OF DUBLIN and ATTORNEY agrees to faithfiffiy
represent the legal interests &CITY during the term of this agreement.
2. Attorney's Services.
ATTORNEY shall provide, through her own services and those of such other
attorneys of MNRSW, as she 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, and 41803.5. Such services shall include, but not be limited to:
ATTACHMENT A
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 perta'ming 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;
g. 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.
3. Independent Contractor.
ATTORNEY shall provide legal services to CITY as an independent contractor,
with control over her offices, hours, support staff and other matters except as provided herein.
4. Compensation.
CITY shall compensate ATTORNEY, through MNRSW, in the amount of $140
per hour for all services rendered, whether by ATTORNEY or by other attorneys associated with
MNRSW, with the exception of litigation, for which ATTORNEY, through MNRSW, shall be
compensated in the mount of $150 per hour for all litigation services rendered by an associate
attorney and at the rate of $175 per hour for all litigation services rendered by a shareholder.
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.
5. PERS.
The parties recognize that ATTORNEY is eligible for and has elected membership
in the Public Employee's Retirement System (PERS) as provided in Government Code section
20322. CITY shall contribute both the employer and employee share of required PERS
I~6AL SER~ICF_~ A6RE~.MF..~IT PA6E ~ OF ~
comributions based on compensation for hours billed by ATTORNEY, except that said
contributions shall not be made for any ATTORNEY compensation which exceeds $4,120 per
month. The limitation of $4,120 per month in the preceding sentence shall be increased or
decreased as of July 1, 1999 by the percentage change in the Consumer Price Index (Urban Wage
Earners for San FranciscO-Oakland-San Jose) for February of 1999 over the index for February of
1998 and similar adjustments shall be made each July 1 thereafter. As determined by CITY, the
monthly limit may be accounted for on a bi-weekly or other basis for record keeping purposes.
6. 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 for delegated to any other
attorney of MNRSW without express written consent of the City Council. This Agreement is not
assignable.
7. ~unicipal Professional Memberships, Meetings.
It is understood and agreed that CITY and ATTORNEY mutually benefit from
ATTORNEY's participation in certain professional activities relating to municipal law.
Therefore, ATTORNEY shall maintain active participating in the City Attorney's Department and
activities of the League of California CRies. CITY shall advance or reimburse to ATTORNEY
her costs and expenses incurred in attending the semi-annual City Attorney's Department meeting
of said League. In the event ATTORNEY shall represent another city or cities, ATTORNEY
shall be reimbursed for her costs and expenses (or registration fee and lodging) for attending the
annual CRy Attorney's Department meeting of said League only in proportion that he number of
cities represented by ATTORNEY bears to one.
Subject to prior authorization of City's City Council, ATTORNEY may enroll,
attend, participate in conferences, courses, seminars, committee work, or other activities in
addition to that hereinabove specified of the League of California Cities, or other organizations
related to the practice of Municipal Law. Upon such authorization, ATTORNEY may incur costs
and expenses in connection with the particular event or activity so authorized, which shall be
advanced or reimbursed by City. In the event, however, that attendance at any event Shall involve
an expenditure of $200 or less, ATTORNEY may attend the event without prior authorization of
the City Council and shall have her cOsts and expenses reimbursed by CITY.
8. Insurance.
ATTORNEY agrees, through MNRSW, to carry malpractice insurance in full
force and effect during the term of this agreement in an amotmt not less than $200,000 per person
and $600,000 per occurrence.
LEGAL SERVICES A~iRF_.EMENT PP~(iE :5 OF $
9. AnnualReview.
Annually, during the month of Februm3r, ATTORNEY and Council shall meet to
review the performance of ATTORNEY and members or associates of her 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.
10. Term.
This Agreement shall be terminable by CITY at will and by ATTORNEY upon 30
days' written notice.
11. Effective Date.
This Agreemem shall be effective July 1, 1998.
12. Supersession of Prior A~reements
This Agreement shall supersede the Agreement for Legal Services, dated July 1,
1990, as amended.
IN WITNESS WHEREOF, the parties have executed this Agreemem the day and year set
forth below.
Dated:~
Guy gJHouston, Mayor
Dated:
J:\WPDXaMNRSW~I 14~01 ~AGREE\1998~LGLSRVS.511
EHS:rja
MEYERS, NAVE, RIBACK, SILVER & WILSON
Elizabeth H. Silver
Lt~{iAk SF.,RVIIgF_.S A~iRF~.2~ PA{itl 4 OF 4
FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
This First Amendment to Agreement for Legal Services is made and entered into as of July 1, 1999,
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".
WlTNESSETH
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are parties~ to an
Agreement for legal services, dated and entered into as ofluly 1, 1998; 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 $150 per
hour for all-services rendered, whether by ATTORNEY or by other attorneys associated
with MNRSW, with the exception of litigation, for which ATTORNEY, through MNRSW,
shall be compensated in the amount of $150 per hour for all litigation services rendered by
an associate attorney and at the rate of $175 per hour for all litigation services rendered by
a shareholder. 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 First Amendment to Agreement for
Legal Services the day and year set forth below.
CITY OF DUBLIN
A Municipal Corporation
Ja~t I5o'ckhart, l~ayor Pro ~emp~e
MEYERS, NAVE, RIBACK, SILVER & WILSON
Date: /
/
EHS:rja K2/G/6-15-99/amendment-ca. doc
First Amendment to Agreement for Legal Services
(Between Dublin and MNRSW)
Page 1
June 8, 1999
ATTACHMENT B
SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
This Second Amendment to Agreement for Legal Services is made and entered into as of
July 1, 2000, 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 July 1, 1998; and
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are parties to
the First Amendment to Agreement for Legal Services, dated June 15, 1999; 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
$155 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
$155 per hour for all litigation services rendered by an associate attorney and at
the rate of $175 per hour for all litigation services rendered by a shareholder; and
(b) work for which the City is reimbursed by third parties, for which
ATTORNEY, through MNRSW shall be compensated at the rate of $175 per
hour. 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."
Second Amendment to Agreement for Legal Services
(Between Dublin and MNRSW)
Page 1 of 2
April 26, 2000
ATTACHMENT C
IN WITNESS WHEREOF, the parties have executed this Second Amendment to
Agreement for Legal Services the day and year set forth below.
CITY OF DUBLIN
A Municipal Corporation
Dated: By:
Guy S. Houston, Mayor
MEYERS, NAVE, RIBACK, SILVER & WILSON
Dated: By:
Elizabeth H. Silver
J:\wpd~mnrsw\l 14\001 k2000\agree\feeincrease_426.doc
EHS:rja
Second Amendment to Agreement for Legal Services
(Between Dublin and MNRSW)
Page 2 of 2
April 26, 2000