HomeMy WebLinkAboutItem 4.10 Agreement for Legal Services (2) r
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 24, 19$6
SUBJECT Agreement for Legal Services
EXHIBITS ATTACHED Agreement
RECOMMENDATION e6vv pprove Agreement and authorize Mayor to execute
Agreement
FINANCIAL STATEMENT: The Proposed Agreement for Legal Services with Michael
R. Nave would increase the City' s legal fees from $90
to $100 per hour and permit the City Attorney to
attend legal seminars , conferences , courses , etc . .
without prior City Council authorization up to a
maximum of $200.
DESCRIPTION The City has contracted with Michael R. Nave for legal
services since incorporation. The last modification to the Agreement for
Legal Services occurred on March 1 , 1984. That Agreement set the City
Attorney' s hourly rate at $90 per hour.
The attached Agreement would modify the hourly rate paid to the City
Attorney from $90 to $100 per hour effective March 1 , 1986. This Agreement
would also permit the City Attorney to attend legal conferences , seminars ,
etc . . without prior Council authorization up to a maximum of $200. Any
conference or seminar that exceeded that amount would require prior City
Council authorization.
It is recommended that the City Council approved the Agreement and authorize
the Mayor to execute the Agreement .
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COPIES TO :
ITEM NO. 10
AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT, made and entered into this day of
February, 1986 , by and between the CITY OF DUBLIN, a
municipal corporation of the State of California ("City" ) ,
and MICHAEL R. NAVE, ("Attorney" ) .
1. Attorney's Services. Attorney shall provide,
through his own services and those of such associates that
he has , 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 , 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 entitles which are not
operated as an integral part of City, but
which are created by City as independent
agencies;
2. Compensation. Effective March 1, 1986, City shall
compensate Attorney in the amount of $100 per hour for all
services rendered . Attorney shall bill City on a monthly
basis and City agrees to pay Attorney within 30 days of such
bill or statement.
3. Municipal 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. Therfore , 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 his 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 his 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
Attorneys bears to one.
2
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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 organziations , such as
the National Institute of Municipal Law Officers , or other
organizations , associations , or entities , or work of a
professional or scholarly nature and 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 his costs and expenses
reimbursed by City.
4 . Term. This Agreement shall be terminable by City
at will and by Attorney upon 30 days ' notice.
5. Annual Review. Annually, during the month of
February, 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
necessarily limited to changes in comensation provisions ,
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which changes or amendments shall be evidenced by written
amendment hereto.
IN WITNESS WHEREOF, the parties have executed this
Agreement the day and year first above written.
CITY OF DUBLIN, a Municipal
Corporation
By
Mayor
A TORNEY
MICHAEL R. NAVE
ATTEST:
City Clerk