HomeMy WebLinkAbout4.13 Amendment to Legal Services Agreement with Meyers NaveCELEBRATING
STAFF REPORT
CITY COUNCIL
DUBLIN
CALIFORNIA
Agenda Item 4.13
DATE: October 18, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SU B,ECT : Amendment to Legal Services Agreement with Meyers Nave
Prepared by: John Bakker, City Attorney
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, labor and employment advice
services, and reimbursable third -party services.
STAFF RECOMMENDATION:
Approve and authorize the Mayor to execute the Third Amendment to the Amended and Restated
Agreement for Legal Services.
FINANCIAL IMPACT:
The proposed amendment to the agreement for legal services would increase the hourly
rates as follows:
General Legal Services
Labor and Employment Advice and
Reimbursable Legal Services
DESCRIPTION:
$295 per hour to $315 per hour
Range $305-$445 per hour to
Range: $325-$475 per hour
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
(Attachment 1), and it was subsequently amended in 2019 and 2021. (Attachments 2 and 3.)
Meyers Nave requested that the City Council consider the following changes to the
Page 1 of 2
207
Legal Services Agreement:
General Legal Services
Labor and Employment Advice and
Reimbursable Legal Services
$295 per hour to $315 per hour
Range $305-$445 per hour to
Range: $325-$475 per hour
The proposed increase is approximately 6.5%, which is less than the annual rate of inflation of
more than 8%.
In addition, Meyers Nave proposes the addition of billing categories for "Senior Of Counsel" to be
billed at the same rate as "Principals" and a "Paralegal" rate.
Attachment 4 is the proposed Second Amendment to the Agreement for Legal Services.
The proposed amendment would take effect as of July 1, 2021.
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) Second Amendment to Agreement for Legal Services
4) Proposed Third Amendment to Agreement for Legal Services
Page 2 of 2
208
Attachment I
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.".
WITNESSETH
WHEREAS, JOHN D. BAKKER isa principalof 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 Januaryl-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)
209
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)
210
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
(Between Dublin and MNRSW)
Page 3 of 4
211
CITY OF DUBLIN
a Municipal Corporation
By T4k
,�,d Haubert, Mayor
Attest:
City Clerk
MEYERS NAVE RIBACK SILVER & WILSON
Dated:
1
18
D. Bakker, Principal
2877922.1
Legal Services Agreement Page 4 of 4
(Between Dublin and MNRSW)
212
Attachment 2
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 paragraph 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."
213
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.
CITY OF DUBLIN
a Munici 1 Corporation
/wtqDated: By
Dated:
3076860.1
7//
Attest:
1A5()
avid Haubert; May r
t t L- Pc-41(
City Clerk
MEYERS NAVE RIBACK SILVER & WILSON
By
Jo 1 . Bakker, Principal
214
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
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.
215
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
DocuSigned by:
July 20, 2021 �(/+(t4�etiro (J
By 07C041-7A4CA04C1...
Melissa Hernandez, Mayor
July 20, 2021
Dated:
3811605.2
Attest:
EDocuSigned by:
913870815D22F40A
Marsha Moore, City Clerk
MEYERS NAVE,
a professional corporation
DocuSigned by:
97
By.-40336DE7C0D8433...
John D. Bakker, Principal
Second Amendment to Agreement for Legal Services Page 2
(Between Dublin and Meyers Nave)
216
Attachment 4
THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
This Second Amendment to Amended and Restated Agreement for Legal Services is
made and entered into as of October 18, 2022, and effective July 1, 2022, 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
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 as
of July 1, 2021; 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. 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 $315 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 $475
Principal and Senior Of Counsel $405
Senior Associate and Of Counsel $350
Associate $325
Paralegal $165
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.
Notwithstanding anything to the contrary in this Agreement, the City shall have
the right to retain counsel other than MN in particular matters."
Third Amendment to Agreement for Legal Services Page 1
(Between Dublin and Meyers Nave)
217
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.
CITY OF DUBLIN,
a Municipal Corporation
Dated: By:
Melissa Hernandez, Mayor
Attest:
Marsha Moore, City Clerk
MEYERS NAVE,
a professional corporation
Dated: By:
John D. Bakker, Principal
5204823.1
Third Amendment to Agreement for Legal Services Page 2
(Between Dublin and Meyers Nave)
218