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HomeMy WebLinkAbout4.16 Amendment to Legal Services Agreement and Appointment of Jordyn Bishop as Assistant City Attorney (2)STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.16 DATE:July 20, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Amendment to Legal Services Agreement and Appointment of Jordyn Bishop as Assistant City Attorney Prepared by: Linda Smith, 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. In addition, pursuant to the legal services agreement, the City Attorney is proposing that the City Council appoint Meyers Nave associate attorney Jordyn Bishop to serve as the Assistant City Attorney. STAFF RECOMMENDATION: Approve the Second Amendment to the Amended and Restated Agreement for Legal Services and appoint Jordyn Bishop as the Assistant City Attorney. FINANCIAL IMPACT: The proposed amendment to the agreement for legal services would increase the hourly rates as follows: General Legal Services:$280 per hour to $295 per hour Litigation Services:$335 per hour to firm’s standard public agency litigation rates Labor and Employment Advice:$290 hour to Range: $305-$445 per hour Reimbursable Legal Services:Range $290-$425 per hour to Range: $305-$445 per hour DESCRIPTION: Amendment to Legal Services Agreement The City of Dublin has contracted with Meyers Nave and its predecessors for legal services since the City’s incorporation in 1982. In 2018, the City Council amended and restated the agreement 281 Page 2 of 2 (Attachment 1), and it was subsequently amended in 2019. (Attachment 2.) Meyers Nave requested that the City Council consider the following changes to the Legal Services Agreement: General Legal Services:$280 per hour to $295 per hour Litigation Services:$335 per hour to firm’s standard public agency litigation rates Labor and Employment Advice:$280 hour to Range: $305-$445 per hour Reimbursable Legal Services:Range $290-$425 per hour to Range: $305-$445 per hour In addition, Meyers Nave proposes an amendment to reflect its corporate name change. Attachment 3 is the proposed Second Amendment to the Agreement for Legal Services. The proposed amendment would take effect as of July 1, 2021. Appointment of City Attorney The Agreement for Legal Services provides that the City Attorney shall propose another Meyers Nave attorney to serve as the Assistant City Attorney, subject to his/her appointment by the City Council. The former Assistant City Attorney, Laruen Quint, left the firm in April 2020, and Jordyn Bishop, a Meyers Nave associate attorney, has been the acting Assistant City Attorney since Ms. Quint’s departure. Ms. Bishop’s biography is included as Attachment 4. The City Attorney is proposing that the City Council appoint Jordyn Bishop to serve as the Assistant City Attorney. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Amended and Restated Agreement for Legal Services 2) First Amendment to Agreement for Legal Services 3) Proposed Second Amendment to Agreement for Legal Services 4) Jordyn Bishop Biography 282 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.". WITNES SETH 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 January1-5,2008,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: 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) Attachment 1 283 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. 3.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) 284 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 $2,000,000 (two million dollars)per occurrence. 7. Annual Review Annually, and at such other intervals as the City Council deems appropriate, ATTORNEY and Council shall meet to review the performance of ATTORNEY and members or associates of his firm in furnishing the services provided hereunder,and to review the compensation provisions hereof. The parties may agree to changes or amendments hereto, including, but not limited to changes in compensation provisions,which changes or amendments shall be evidenced by written amendment hereto. 8.Term This Agreement shall be terminable by CITY at will and by ATTORNEY upon 30 days' written notice. 9.Effective Date. This Agreement shall be effective September 1, 2018. 10. Supersession of Prior Agreements. This Agreement shall supersede the Agreement for Legal Services,dated November 1, 2017, as amended. IN WITNESS WHEREOF,the parties have executed this Agreement for Legal Services the day and year set forth below. Legal Services Agreement Page 3 of 4 Between Dublin and MNRSW) 285 CITY OF DUBLIN a Municipal Corporation Dated: 1 t 20/18 By , (>1.-R—A k avid Haubert, Mayor Attest: 6:44 t /7). City Clerk MEYERS NAVE RIBACK SILVER&WILSON Dated: l I$ J D. Bakker, Principal 2877922.1 Legal Services Agreement Page 4 of 4 Between Dublin and MNRSW) 286 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 paragaph 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." Attachment 2 287 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 Munici 1 Corporation B y avid Haubert, May r Attest: ~t ~~ City Clerk MEYERS NAVE RIBACK SILVER &WILSON Jo .Bakker, Principal 3076860.1 288 Attachment 3 SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES This Second Amendment to Amended and Restated Agreement for Legal Services is made and entered into as of July 20, 2021, and effective July 1, 2021, by and between the CITY OF DUBLIN, a Municipal Corporation in the State of California, hereinafter referred to as “CITY,” and MEYERS NAVE, a California professional corporation, hereinafter referred to as “MN.” WITNESSETH WHEREAS, CITY and MN are parties to an Amended and Restated Agreement for Legal Services, dated and entered into as of September 1, 2018, as amended as of July 1, 2019; 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.Name Change. Effective January 8, 2021, MN changed its name from Meyers, Nave, Riback, Silver & Wilson, a professional corporation, to Meyers Nave, a professional corporation. Effective January 8, 2021, all references to “Meyers, Nave, Riback, Silver & Wilson” and “MNRSW” are hereby amended to read, respectively, “Meyers Nave” and “MN.” 2.Amendment of Paragraph 4. Existing paragraph 4 is deleted and new paragraph 4 is added, to read as follows: “4.Compensation. City shall compensate ATTORNEY, through MN, in the amount of $295 per hour for all services rendered, whether by ATTORNEY or by other attorneys associated with MN, with the following exceptions: (a) litigation, for which ATTORNEY, through MN, shall be compensated at MN’s then-current standard public agency rates for all litigation services rendered whether by ATTORNEY or by other attorneys associated with MN; and (b)(i) labor and employment advice and (ii) work for which the City is reimbursed by third parties, for which ATTORNEY, through MN, shall be compensated at the following rates per hour for all services rendered whether by ATTORNEY or other attorneys associated with MN: Senior Principal $445 Principal $380 Senior Associate and Of Counsel $330 Associate $305 MN 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 MN, shall bill CITY at least on a monthly basis and CITY agrees to pay ATTORNEY within 30 days of such bill or statement. 289 Second Amendment to Agreement for Legal Services Page 2 (Between Dublin and Meyers Nave) Notwithstanding anything to the contrary in this Agreement, the City shall have the right to retain counsel other than MN in particular matters.” IN WITNESS WHEREOF, the parties have executed this Second Amendment to Amended and Restated Agreement for Legal Services the day and year set forth below. Dated: CITY OF DUBLIN, a Municipal Corporation By: Melissa Hernandez, Mayor Attest: Marsha Moore, City Clerk Dated: MEYERS NAVE, a professional corporation By: John D. Bakker, Principal 3811605.2 290 Bishop Page 1 of 2 JORDYN BISHOP Jordyn Bishop Associate 1999 Harrison Street, 9th Floor Oakland, California 94612 T: 510.808.2000 F: 510.444.1108 jbishop@meyersnave.com Practice Groups Municipal and Special District Law Land Use Environmental Law California Bar Number 320147 Education University of California, Hastings College of the Law, JD, Social Justice Lawyering Concentration, 2017 American Indian Law Center, Graduate, Pre-Law Summer Institute for American Indians and Alaska Natives, 2013 California State University, East Bay, BA, 2010 Practicing Since: 2017 Jordyn Bishop is an Associate in the Municipal and Special District Law Practice Group. She currently serves as Assistant City Attorney for the City of Cotati, City of El Cerrito, City of Larkspur and Acting Assistant City Attorney for the City of Dublin, as well as Assistant General Counsel of the Tamalpais Community Services District. Jordyn advises public agencies on a wide range of municipal law issues, including the Public Records Act, the Brown Act, environmental regulatory compliance, planning and land use, public works and contracting, and elections and conflict of interest laws. She assists in negotiating, drafting, and reviewing agreements, preparing ordinances, resolutions and regulations, and drafting ballot measures for local taxes. Jordyn’s practice also includes researching, drafting and arguing motions and briefs for municipal agencies. Prior to joining the firm, Jordyn worked as an Associate Attorney and Law Clerk at two boutique law firms in the Bay Area, and as a Legal Fellow at the Greenlining Institute. Her wide range of legal experience includes administrative, civil rights, constitutional, environmental, land use, and municipal law. She has assisted with litigation, regulatory, transactional, advocacy, and urban planning matters for public and private entities, non-profits, tribes and community-based groups. During law school, Jordyn held numerous leadership positions, including Founder and President of the Native American Law Student Association. She externed at the California Department of Justice, Office of the Attorney General in the Environmental and Land Use Section, and the Office of Criminal Enforcement, U.S. Environmental Protection Agency in Washington, DC. She spent her summers interning at the Center on Race, Poverty & the Environment, and the Lakota People’s Law Project. Prior to law school, Jordyn worked at a food science laboratory for seven years, specializing in quality assurance and regulatory affairs. Attachment 4 291 Bishop Page 2 of 2 Honors & Awards • Community Public Interest Award, UC Hastings • CALI Award for Highest Grade in Social Justice, UC Hastings • Fellowship, American Indian Graduate Center • Diversity Scholarship, ChangeLawyers • 1066 Foundation Scholarship, UC Hastings • Public Interest law Foundation Summer Grant, UC Hastings • Oshima Family Scholarship, UC Hastings • Equal Justice Works Fellowship Grant • Equal Justice America Legal Service Grant • Nancy Stuart Public Interest Award, UC Hastings Publications • Update Coauthor, California Municipal Law Handbook, Chapter 10, (research and drafting assistance) CEB, 2021, 2020 • Author, Help Save the Seeds: A Call to Action for Local Governments to Introduce Legislation to Protect Community Seed Sharing, Libraries, and Exchanges,9 HASTINGS SCI. & TECH. L. J. 113, Winter 2017 292