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Home My WebLink AboutItem 4.03 AmendLegalSvcAgmt (2)SUBJECT: CITY CLERK File #600-30 AGENDA STATEMENT CITY COUNCIL MEETING DATrE: JUNE '!5, "1999 Amendment to Agreement for Legal Services Report prepared by Elizabeth H. Silver, City Attorney (Report prepared by Elizabeth H. Silver, City Attorney) ATTACHMENTS: 1. Agreement for Legal Services, dated July 1, 1998 2. Dra~ FirSt Amendment to Agreement for Legal Services RECOMMENDATION: ,~n ,,i~ Approve First Amendment to Agreement for Legal Services and authorize Mayor to execute same FINANCIAL STATE~NT: ..... The proposed amendment to the agreement for legal services would increase the general rate charged for legal services commencing July 1, 1999 by the cost of living. 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 1) The City Attorney has requested that the Council consider one change to the agreement. The change would be to increase the hourly rate for general services. Currently the City Attorney is compensated at the rate of $140 an hour for all legal services except for litigation. This would be the first increase in general rates since 1996,. The igcre_ase is approximately 7% which mirrors the increase in the Consumer Price Index (All Urban Consumers) fc~r the same time period. The proposed rates are still less than the fi ~rm's standard hourly rates. The litigation rates would remain at $150 an hour for associates and $175 an hour for shareholders. Attachment 2 is a proposed First Amendment tom th~.Agreement for Legal Services. The only change from the current agreement is to increase the rate for.non-litigation work in section 4 The proposed amendment.Wou!0 ~[X~ju~ly 1, 1998. Recommendation: Staff recommends that.,by motion the City Council authorize the Mayor to execute the First Amendmem to. . Agreement for Legal Services (Attachment 2). F:\WPD~VlNRSWXl 14\01 'u~.G .~E~II~.~31999~WEEIN_~:~.C~R8~-6~I~5 ............................................................................................................................. EHS:rja 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 "A~eement for Legal Services"; and WH]EREAS, 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 faithSdly 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 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: Lt~OAL SERV1CES A~R~F-31F. hrr PAOE 1 OF ~ A achment 1 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. 3. Independent Contractor. ATTORNEY shall provide legal services to CITY as an independent contractor, with control over her offices, hours, support staffand 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 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. 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~6A~ SF. RVICF. S A6RF..E1MF. NT PAMM ~ OF 4, contributions 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 adiustments shall be made each July 1 thereafter. As determined by CITY, the monthly Iimit may l~e accounted for on a bi-weekly or other basis for record keeping purposes. 6. No Assianment. 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. Municipal Professional Memberships. Me'tings. 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 Cities. CITY shall advance or reimburse to ATTOP, NEY 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 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 acti~ty 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 amount not less than $200,000 per person and $600,000 per occurrence. L.,~rlAL SF_,P,X/ICES ArlR~EME. NT PArlE 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 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 Agreement shall be effective July 1, 1998. 12. Supersession of Prior Agreements This Agreement shall supersede the Agreement for Legal Services, dated July 1, 1990, as amended. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year set forth below. Gu"y ~4~/I~ouston, Mayor Kay K~C, ity Clei'k Dated: J :XWPDWINKSW~I 14\01 k4GRE-'~ 1998~LGLSRVS.511 EHS:rja MEYERS, NAVE, RIBACK, SILVER & WILSON Elizabeth H. Silver I~fiAL SF..R¥1CF..S A~iRE, F.~F.~r PA~it~ 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". 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, 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 MNKSW, with the exception of litigation, for which ATTORNEY, through MNKSW, 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 MNKSW, 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 MEYERS, NAVE, KIBACK, SILVER & WILSON By By Guy S. Houston, Mayor Date: Date: ATTEST: Kay Keck, City Clerk J:\WPDLMN'RSW~I 14\0 I~AGREE\1999kI.,GLSRVS.AM1 EHS:rja K2/G/6-15-99/ctmendment-ca. doc First Amendment to Agreement for Legal Services (Between Dublin and MN-RSW) Page 1 June 8, 1999 Attachment 2