HomeMy WebLinkAboutItem 4.04 AmendLegalSvsAgmt (2)
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CITY CLERK
File # Dl~l[Q][Q]-~raL
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 28, 1996
SUBJECT:
Amendment to Agreement for Legal Services
Report Prepared by: Paul S. Rankin, Assistant City Manager
EXHIBITS ATTACHED:
1. Agreement for Legal Services, including the First Amendment
dated July 1, 1991 and the Second Amendment dated July 1,
1995.
2. Draft Third Amendment to Agreement for Legal Services with
Meyers, Nave, Riback, Silver & Wilson
RECOMMENDATION:
Approve Third Amendment to Agreement and authorize Mayor
to execute same.
FINANCIAL STATEMENT:
The proposed Amendment would increase the rates charged for
Legal Services, commencing July 1, 1996. Funding to address this
change will be included in the Preliminary Fiscal Year 1996/97
Budget.
.DESCRIPTION: The City has contracted with Meyers, Nave, Riback, Silver & Wilson (or its
predecessors) for legal services since incorporation in 1982. The current hourly rates for General Legal
Services (i.e. not Eminent Domain or CEQA Actions) were established in April of 1988. The City
Attorney has requested that the Council consider an Amendment to the hourly rate for General Legal
Services. The proposed Amendment would be effective in Fiscal Year 1996/97, beginning with services
provided after July 1, 1996.
The current Agreement between the City and Meyers Nave Riback Silver & Wilson (MNRSW) provides
that the City Attorney is compensated at the rate of $125 an hour for all work, with the exception of two
categories of litigation (Eminent Domain Actions and CEQA lawsuits, in which the City is a defendant),
which are compensated at the rate of $150 an hour. The hourly rates are inclusive of all support personnel
provided by the law firm such as clerical support and other administrative costs. The City pays for certain
direct expenses such as deliveries, service of legal documents, fax services, etc. MNRSW has been
compensated at the rate of $125 an hour for General Lega.)., Services since April of 1988. Pursuant to the
current Agreement the City only pays for the hours of service required.
The Consumer Price Index (CPI) has increased approximately 28% since April of 1988. The law firm's
overhead and related expenses (e.g., rent, salaries, insurance, equipment) have risen during that time,
although there has been no corresponding increase in the hourly rate charged to the City. The City
Attorney is requesting an increase in the hourly rate for legal services from $125 an hour to $140 an hour.
There would be no change to the current rate for the two categories of litigation. This would be a 12%
.increase, which is substantially below the cumulative increase in the CPI experienced since April 1988.
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ITEM NO. M
H\ccmtgs\attyillcr.doc
The hourly rate of $140 more accurately reflects the market rate for legal services for a law firm with the ·
experience and expertise in municipal law offered by Meyers, Nave, Riback, Silver & Wilson. The firm
has specialized in the provision of legal services to municipalities and other governmental entities. The
Staff associat.ed with. the fi~ have extensive experience in governmental matters, and offer the City the.:',
benefit oftherr expenence With more than one agency. "
Based on estimated service levels in Fiscal Year 1996/97 the change is anticipated to increase the cost of
Legal Services Activity by approximately $17,100. Approximately 33% of the increase is projected to be
related to wOJ.:k associated with Development Applications. The cost for these services will be recovered
from the Applicant.
Staff recommends that by motion the City Council authorize the Mayor to execute the Third Amendment
to the Agreement for Legal Services (Exhibit 1).
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AGREEMENT FOR LEGAL SERVICES
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This Agreement, made and entered into as of July 1, 1990, 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, ELIZABETH H. SILVER is a member of the law firm of
MNRWi and
WHEREAS, MICHAEL R. NAVE is a member of the law firm of MNRWi
and
WHEREAS, it is the desire of the parties hereto to enter this
agreement and establish the terms and conditions for rendition of
4It legal services to the CITY OF DUBLIN and the compensation
thereforei
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1. Appointment of citv Attornev.
CITY hereby retains ELIZABETH H. SILVER, 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.
2. Attorney's Services.
ATTORNEY shall provide, through her own services and those of
such other attorneys of MNRW, as she shall determine, all legal
services usually and normally provided by city Attorneys, and
specifically those duties and services described in Government Code
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EXHIBIT 1
Sections 41801, 41802, and 41803.5. Such services shall include,
but not be limited to:
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
pertaining 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.
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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 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.
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.
5. PERS.
The parties recognize that ATTORNEY is eligible for and has
elected' membership in the Public Employees I Retirement System
(PERS) as provided in Government Code Section 20361. CITY shall
contribute both the employer and employee share of required PERS
contributions based on compensation for hours billed by ATTORNEY,
except that said contributions shall not be made for any ATTORNEY
compensation which exceeds $2,000". per month. As determined by
CITY, the monthly limit may be accounted for on a bi-weekly or
other basis for record keeping purposes.
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6. No Assiqnment.
This Agreement is entered into by CITY and MNRW and, except
as set forth herein, the rights and obligations of ATTORNEY may not
be assigned or delegated to any other attorney of MNRW without
express written consent of the City Council. This Agreement is not
assignable.
7. Municipal Professional Memberships, Meetinqs.
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 participation in the city Attorney's Department and
activities of the League of California Cities. 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 city
Attorney's Department meeting of said League only in proportion
that the 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"'acti vi ties 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
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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 MNRW, to carry malpractice insurance
in full force and effect during the term of this agreement in an
amount not less than $200,000 per person and $600,000 per
occurrence.
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9. Annual Review.
Annually, during the month of February, 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 necessarily 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.
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11. Effective Date.
This Agreement shall be effective on July 1, 1990.
IN WITNESS WHEREOF, the parties have executed this Agreement
the day and year set forth below.
Dated: Sb/YUJ ;4 /990
CITY OF DUBLIN
A Munic. al Corporation
/",/"
By: (',
MEYERS, NAVE, RIBACK & WEST
Dated:
~u~u ) ;2., I ffo
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By:
'!f~M )/};k
Elizabeth H. Silver
114\agree\leglserv.ehs 6/7/90
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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, Rl;BACK & 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:
"4.
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
Page 1 of 2
rendered by a partner in MNRW in connection
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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
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Amendment to Agreement for Legal Services the day and year set
forth below.
Dated:
8/;'-1/9/
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CITY OF DUBLIN
A Municip31 rporation
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B
Dated:
tt,.w..( J r' / f f (
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MEYERS, NAVE, RIBACK & WEST
By: 'fJ ~ /l,h 1c..
Elizabeth H. Silver
114\agree\leglserv.1st 4/25/91
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SECOND AMENDMENT TO
AGREEMENT FOR LEGAL SERVICES
This Second Amendment to Agreement for Legal Services is made and entered into as
of July 1, 1995, 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(formerly
known as 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. All references to "Meyers, Nave, Riback & West" shall be changed to Meyers,
Nave, Riback, Silver, and Wilson."
2. Existing paragraph 5 is deleted and new paragraph 5 is added, to read as
follows:
"5. PERS
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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 20361. CITY shall contribute both the employer
and employee share of required PERS contributions based on compensation for
hours billed by ATIORNEY, except that said contributions shall not be made
for any ATIORNEY compensation which exceed $4,000 per month. As
determined by CITY, the monthly limit may be accounted for on a bi-weekly or
other basis for record keeping purposes. "
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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: ..5/'/95
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MEYERS, NAVE, lUBACK, SILVER & WILSON
Dated: ..,- ) 9-.9)-
By:
/}s '
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&- d/te~ h': S;?~
Elizabeth H. Silver
ATTEST:
~~Q
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1;\WPD\MNRSW\114\AGREE\LEGLSVCS,W61
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THIRD AMENDMENT TO
AGREEMENT FOR LEGAL SERVICES
DRAFT
This Third Amendment to Agreement for Legal Services is made and entered
into as of July 1, 1996, 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, 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:
A. Existing paragraph 4 is deleted and new paragraph 4 is added, to read as
follows:
"4. Compensation
Except as set forth in the following sentence, 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,
Page 1 of 2
EXHIBIT 2
DRAFT
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CITY shall compensate attorney, through MNRSW, in the amount of $150 per hour
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for all services rendered by a partner in MNRSW 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. MNRSW 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 MNRSW, shall bill CITY at least on a
monthly basis and CITY agrees to pay ATTORNEY within 30 days of such bill or
statement"
B. This Amendment shall be effective July 1, 1996.
IN WITNESS WHEREOF, the parties have executed this Third
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Amendment to Agreement for Legal Services the day and year set fonh below.
CITY OF DUBLIN
A Municipal Corporation
Dated:
By
Guy S. Houston, Mayor
ATTEST:
Richard C. Ambrose
Deputy City Clerk
MEYERS, NAVE, RIBACK, SILVER & WILSON
Dated:
By
Elizabeth H. Silver
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