HomeMy WebLinkAboutItem 4.07 Legal Services Agmt CITY CLERK
File# 600-30
X 640-10
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 6, 2004
SUBJECT: Sixth Amendment to Agreement for Legal Services/
Appointment of Assistant City Attorney
Report Prepared by: Elizabeth 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. Third Amendment to Agreement for Legal Services,
dated July 1, 2001
5. Fourth Amendment to Agreement for Legal Services,
dated July 1, 2002
6. Fifth Amendment to Agreement for Legal Services,
dated July 1, 2003
7. Proposed Sixth Amendment to Agreement for Legal
Services, dated July 1, 2004
8. Resolution Appointing John Bakker as Assistant City
Attorney
RECOMMENDATION: , /1) Approve Sixth Amendment to Agreement for Legal Services
X/~' and authorize Mayor to execute same; and
'~ 2) Adopt Resolution appointing John Bakker as the Assistant
City Attorney
FINANCIAL STATEMENT: The proposed amendment to the agreement for legal services would
increase the rate charged for litigation and for work performed by
the City Attorney for which the City is reimbursed by third parties .to
$220 an hour (a 4.7% increase) commencing July 1, 2004. There
would be no change to the rate for general legal services.
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 agreement for legal services was amended effective
June 15, 1999, July 1, 2000, July 1, 2001, July 1, 2002, July 1, 2003 (Attachments 2, 3, 4, 5 and 6).
COPIES TO:
ITEM NO. ~
H/cc-forms/agdastmt. doc / ~-2~
The City Attorney has requested that the coUncil consider changes to the agreement. The changes
would be to increase the hourly rate for litigation and for all work performed by the City Attorney for
which a third party reimburses the City for legal services from $210 to $220 an hour.
The increase from $210 to $220 is a 4.7% increase. Approximately 45% of the City Attorney's
work during this fiscal year has been billed at the lower rate and 55% has been billed at the higher rate, so
the overall effective increase is approximately 2.8%.
Attachment 7 is a proposed Fifth 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, 2004.
The City Attorney has also asked that the Council appoint John Bakker as the Assistant City
Attorney. Currently there is no one designated as the Assistant City Attorney. Mr. Bakker, who is an
associate with the firm of Meyers, Nave, Riback, Silver & Wilson, has been performing work for Dublin
for more than three years. He has advised the City on a number of important matters. For example, he
drafted the revised Inclusionary Zoning Ordinance and prepared all of the agreements and other
documents that implement the revised ordinance. In addition, Mr. Bakker has advised the City on a
number of development projects, including the Pinn Brothers and IKEA projects in Eastern Dublin.
Recommendation:
Staff recommends that by motion the City Council authorize the Mayor to execute the Fifth
Amendment to Agreement for Legal Services (Attachment 7) and approve the resolution appointing Mr.
Bakker as the Assistant City Attorney (Attachment 8).
700452vl
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, h~einaf~er
referred to as "M/qRSW".
WITNESSETH
WHEREAS, ELIZABETH H. SILVER is a member of the law firm of MNRSW;
WHEREAS, CITY and MNRSW are parties to an agreemem dated July 1, 1990, entitled
"Agreement. for Legal Services"; and
WHEREAS, said "Agreement for Legal Services" has been amended three times On
July 1, 1991, July 1, 1995 and July t, 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:
I. Appointment, of City Attorney,.
CITY hereby retains ELIZABETH H. SILVER, hereinafter referred to as
"ATTORNEY" as City A~tomey for the CITY OF DUBLIN and ATTORNEY agrees to faithfully
represent the legal interests of CITY during the term of this agreement.
Attorney..'s Serviee.s.
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:
ATTACHMENT 1
a. Attendance at City Council and Plarining Commission meetings;
b. Preparation of ordinances, resolutions, leases, contracts or other legal
documents;
e. 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 membem 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 understauding;
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 staffan~l 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
witne .ss fees, court costs, telephone, photocopying, facsimile charges, computer research omline
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 bin or statement.
pEPS.
The parties recognize that ATTORNEY is eligible for and has elected membership
in the Public Employee's Retirement System (PEPS) as provided in Government Code section
20322. CITY shall conm'bute both the errq~loyer and employee share of required PERS
conm~butlons based on compensation for hours billed by ATTORNEY, except that said
contn~butions 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, !999 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 Febm_a~ 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.
No Assimament.
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 Members.hips, Meet~..~ s.
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 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 attendi~,.g 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 organlmtions
related to the practice of Mnnicipal 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 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 $600,000 per occurrence.
Annually, d ~ .udng the month of February, ATTORNEY and Council shall meet to
review the performance of ATTORNEY and members or associates of her firm in furnishing the
services provided hereunder, andto review the compensation provisions hereof. The parties may
agree to clianges or amendments hereto, including, but not limited to changes in compensation
provisions, which changes or amendments shall be evidenced by written amendment hereto.
10. Ternl
This Agreement shall be~:t~able ~"C~ I~. ~i~'and by ATTORNEY upon 30
days' written notice.
11. Effective Date..
This Agreement shall be effective July 1, 1998.
12. ~upersession of Prior Agreements
This Agreement shall supersede the Agreement for Legal Services, dated July 1,
1990, as amended.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year set
forth below.
Dated:,__~_~ G[y ~/I~ouston, Mayor
MEYERS, NAVE, RIBACK, SILVER & WILSON
Elizabeth H. Silver
I:\WPDhMNRSVA114~01g~GRt~1998~LGLSR¥$.511
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FIRST AMENDMENT T° AGR~EMF. NT 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
WlTNESSETH
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 tho 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 MEYERS, NAVE, RIBACK, SILVER & WILSON
A Municipal Corporation
By (~A~t~ .~.~~>3'~, By ~t~~ ~ ~r~
~[af~t l~o'ekhart, l~Iayor PrO Tempore .
J:\WPD',lk,INRSW~.114\0 I',~AG~I 9~)XL~LSR¥S.AM1 EI~.xja K~/q/~-15-99/amendmcnt'~a.do¢
First Amendment to Agreement for I~gal Sexvi~es
(Botwe~ Dabnn and Mm~SW) 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, SILVER & 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 Joy a shareholder; and
Co) 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 Page 1 of 2 '
(Between Dublin and MNRSW) April 26. 2000
ATTACHMENT 3
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
Elizabeth H. Silver
J:\wp&mnrsw\t 14\001 kT.000~agree~feeincre ase._426.do¢
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Second Amendment to Agreement for Legal Services Page 2 of 2
(Between Dublin and MNRSg0 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, 2000; 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 paragri~ph 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
attorneys associated with MlqRSW, 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 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 rate of $200 per hour. MNKSW will also be reimbursed for
customary costs and disbursements, including deposition and witness fees, court
costs, telephone, photocopying, facsimile charges, computer research on-line fees
and messenger services. ATTORNEY, through MNRSW, shall bill CITY at least
on a monthly basis and CITY agrees to pay ATTORNEY within 30 days of such
bill or statement."
Third Amendment to Agreement for Legal Services
0~etwe~ Dub~ and MNRSW) ATTACHMENT 4
IN WITNESS WHEREOF, the parties have executed this Third Amendment to
Agreement for Legal Services the day and year set forth below.
CITY OF DUBLIN
A Mu~Corporation
ec CitCCle
MEYERS, NAVE, RIBACK, SILVER & WILSON
Elizabeth H. Silver
G:\CC-MTGS'W.001QTR2~YkS-15-0 lXatt-legal services.do~
Third Amondment to Agreement for Legal Services Page 2 of 2
(Between Dublin and MNRSW) May 8, 2001
FOURTH AMENDMENT TO AGRBEMENT FOR LEGAL SERVICES
This Fourth Amendment to Agreement for Legal Services is made and entered into as of
July 1, 2002, by the between the CITY OF DUBLIN, a Municipal Corporation.in the State of
California, hereinafter referred to as "CITY" and MEYERS, NAVE, RIBACK, SILVER &
WILSON, hereinafter referred to as "MNRSW."
?
WITNESSBTH
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are parties to
an Agreement'for legal services, dated and entered into as of July 1, 1998; and
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are parties to
the First Amendment to Agreement for Legal Services, dated June 14, 1999; and
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & W]I.$ON are parties to
the Second Amendment to Agreement for Legal Services, dated July 1, 2000; and
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are parties to
the Third Amendment to Agreement for Legal -Services, dated July 1, 2001;
WHEREAS, it is thedesire of the parties hereto to amend the agreement;
NOW, THEREFOR_E, 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 lVINRSW, in the amount of
$178 per hour for alt 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 $205 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 rate of $205 per hour. MNRSW will be reimbursed fo~.
customary costs and disbursements, including deposition and wimess fees, court
cost, 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."
Page lof2 ATTACHMENT
. ' IN wITNEss' WHEREOF; the parties have executed .this Fourth Amendment to
· .Agreement for Legal Services the day and yea/set, forth below.
· ' CITY OF DUBLIN
A Municipal Corporation
· By: fy Janet Lockhart, Mayor
~a~ck, City~Zlerk
MEYERS, NAVE, R/BACK, SILVER & WILSON
Elizabeth H. Silver
Page 2of 2
FIFTH AMENDMENT TO AGREEMENT. FOR LEGAL SERVICES
This Fifth Amendment to Agreement for Legal Services is made and entered into as of
July 1, 2003, 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".
WlTNESSETH
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, 2000; and
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are parties to
the Third Amendment to Agreement for Legal Services, dated July 1, 2001; and
WHEREAS, CITY and MEYERS, NAVE, RiBACK, SILVER &' WILSON are parties to
the Fourth Amendment to Agreement for'Legal Services, dated July 1, 2002; and
WHEREAS, it is the desire 0fthe 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
· $180 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 mount of
$210 per hour for all litigation services rendered by an associate attorney and at .
the rate of $210 per hour for all litigation 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 $210 per
Fifth Amendment to Agreement for Legal Services .Page 1 of 2
(Between Dublin and MNRSW)
ATTACHMENT 6
hour. MNKSW will also be reimbursed for customary costs and disbursements,
including depositi~on 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 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
¢ -
City Clerk
MEYERS, NAVE, RIBACK, SILVER & WILSON
Elizabeth H. Silver
Fifth Amendment to Agreement for Legal Services Page ~ of ~
(Between Dublin and MNRSW)
SIXTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
This Sixth Amendment to Agreement for Legal Services is made and entered into as of
July 1, 2004, 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, 2000; and
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are parties to
the Third Amendment to Agreement for Legal Services, dated July 1, 2001; and
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are parties to
the Fourth Amendment to Agreement for Legal Services, dated July 1, 2002; and
WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are parties to
the Fifth Amendment to Agreement for Legal Services, dated July 1, 2003; 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
$180 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
$220 per hour for all litigation services rendered whether by ATTORNEY or other
Fifth Amendment to Agreement for Legal Services Page 1 of 2
(Between Dublin and MNRSW)
ATTACHMENT 7
attorneys in her firm; and (b) work for which the City is reimbursed by third
parties, for which ATTORNEY, through MNRSW, shall be compensated at the
rate of $220 per hour for all services rendered whether by ATTORNEY or other
attorneys in her firm. 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 Fifth Amendment to
Agreement for Legal Services the day and year set forth below.
CITY OF DUBLIN
A Municipal Corporation
Dated: By:
Janet Lockhart, Mayor
Attest:
City Clerk
MEYERS, NAVE, RIBACK, SILVER & WILSON
Dated: By:
Elizabeth H. Silver
Fifth Amendment to Agreement for Legal Services Page 2 of 2
(Between Dublin and MNRSW)
RESOLUTION NO.
RESOLUTION OF .THE CITY COUNCIL OF THE CITY OF DUBLIN
APPOINTING JOHN BAKKER ASSISTANT CITY ATTORNEY
WHEREAS, John Bakker has practiced municipal law since he was admitted to the bar in
1998; and
WHEREAS, Mr. Bakker has been an associate at Meyers, Nave, Riback, Silver, and
Wilson since January of 2001; and
WHEREAS, since beginning his employmem with Meyers, Nave and for the last three
and a half years, Mr. Bakker has provided legal services to the City of Dublin.
NOW, THEREFORE, be it resolved that the City Council of the City of Dublin hereby
appoints John Bakker as the Assistant City Attorney of the City of Dublin.
PASSED AND ADOPTED this day of ., 2004
BY:
Mayor
ATTEST:
City Clerk
#685934vl ATTACHMENT 8