HomeMy WebLinkAboutItem 4.03 Legal Services Amend AgmtCITY CLERK FILE # 600-30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: MAY 15, 2001
SUBJECT:
Third Amendment to Agreement for Legal Services
(Report prepared by Hizabeth H. Silver, City Attorney)
ATTACHMENTS:
1. Agreement for Legal Services, dated July 1, 1998
2. First Amendment to Agreement for Legal Services,
dated June 15, 1999
3. Second Amendment to Agreement for Legal
Services, dated July 1, 2000
4. Draft Third Amendment to Agreement for Legal
Services, to be effective July 1, 2001
RECOMMENDATION: ~Approve Third 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 1,2001 by $20 an hour.
It would also increase the rate charged for litigation and
for work performed by the City Attomey for which the
City is reimbursed by third parties by $25 an hour.
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
July 1, 1998, (Attachment 1). The agreement for legal services was amended effective July 1, 1999 and
July 1, 2000, (Attachments 2 and 3).
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 $155 an hour to $175 an hour; and (b) increase
the rate for litigation and for all work performed by the City Attorney for which a third party reimburses
the city for legal services to $200 an hour from $175 an hour/S155 an hour for litigation performed by
associates.
The increase from $155 to $175 an hour is a 12.9% increase. The increase from $175 to $200 is a 14%
increase. These increases are above the most recent increase in the Consumer Price Index for the last year
(6.5% increase/SF/Oakland/San Jose All Urban Consumers). However, law firms in the Bay Area have
experienced significant personnel increases well in excess of the CPI. Beginning in January 2000, many
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COPIES TO: ~ , .
ITEM NO,
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Bay Area law firms have significantly increased salaries paid to associates, sometimes by more than 40%.
To stay competitive, Meyers, Nave, Riback, Silver & Wilson has had to raise salaries and benefits for its
associate attorneys to retain and attract highly qualified attorneys. As a result, the law firm has needed to
increase its billing rates. The proposed rates are still below the rates that are charged for comparable work
by many comparable law firms in this area.
Attachment 4 is a proposed Third 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 1,2001.
Recommendation:
Staff recommends that by motion the City Council authorize the Mayor to execute the Third Amendment
to Agreement for Legal Services (Attachment 4).
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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, hereinaf~er 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 agreemere dated July 1, 1990, entitled
"Agreement for Legal Services"; and
WHEREAS, said "Agreement for Legal Services" has been mended three times on
July 1, 1991, July 1, 1995 and July I, 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, hereinafier 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 shah 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:
SERVICES A(IRKEMENT
Attachment 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 staff and other matters except as provided herein.
4. Compensation.
CITY shah 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, shah 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 custommy 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
LE6AL SERVICES A~IREEMKNT PA~IE 2 OF &
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 incre. ased 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. Municipal Professional Memberships, Meetings.
It is understood and agreed that CITY and ATTORNEY mutually benefit liom
ATTORNEY's participation in certain professional activities relating to municipal hw.
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 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 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 Califomia 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 reimburs. ed 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.
LE~iAL SERV'[CF.,S A~REEMENT PA~i~ a OF z~
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 Agreemere 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 A~reemems
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.
Dated:,S/~//~
CI}Y OF UBL
~ouston, Mayor
MEYERS, NAVE, RIBACK, SILVER & WILSON
Elizabeth H. Silver
l :\WPD'x_MNRSWXl 14~ 1XAGREE\1998XLGLSRVS .511
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Lt(iAL SERVICES A6RF_t. MENT PA6E z~ OF ~,
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, BACK, SILVER & WILSON, hereina~er referred to as
"MNRSV~r".
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 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
Dat J ockhart, My~ Pry~re
ATTEST: y~c
J:\WpDXMNRSWXll4\0K1XAGRE 19k~kXI,,iGLSRVS.AM1
MEYERS, NAVE, RIBACK, SILVER & WILSON
Date: J/t,-,~ / ;; / ~',Vf
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First Amendment to Agreement for Legal Services
(Between Dublin and MNRSW)
Attachment 2
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, S.ILVER & 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 litigatign 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 3
IN WITNESS WHEKEOF, 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: _J~j~ f~
Dated:
Elizabeth H. Silver
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Second Amendment to Agreement for Legal Services
(Between Dublin and MNRSW)
Page 2 of 2
April 26, 2000
THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
This Third Amendment to Agreement for Legal Services is made and entered into as of
July 1,2001, 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, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are parties to
the Second Amendment to Agreement for Legal Services, dated July 1, 2001; 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
$175 per hour for all services rendered, whether by ATTORNEY or by other
attomeys associated with MNRSW, with the following exceptions: (a) litigation,
for which ATTORNEY, through MNRSW, shall be compensated in the amount of
$200 per hour for all litigation services rendered, whether by ATTORNEY or by
other attomeys 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 rate of $200 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."
Third Amendment to Agreement for Legal Services
(Between Dublin and MNRSW)
Page 1 of 2
May 8, 2001
Attachment 4'
IN WITNESS WHEREOF, the parties have executed this Third 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
Attest:
Kay Keck, City Clerk
MEYERS, NAVE, RIBACK, SILVER & WILSON
Dated: By:
Elizabeth H. Silver
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Third Amendment to Agreement for Legal Services
(Between Dublin and MNRSW)
Page 2 of 2
May 8, 2001