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HomeMy WebLinkAboutReso 88-23 Approving the First Amendment to the Agreement with Civica Law Group, APC for Special Counsel Legal Services Reso. No. 88-23, Item 4.16, Adopted 08/15/2023 Page 1 of 1 RESOLUTION NO. 88 – 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH CIVICA LAW GROUP, APC FOR SPECIAL COUNSEL LEGAL SERVICES WHEREAS, the City of Dublin has an existing agreement with Civica Law Group for special counsel legal services, representation and assistance related to code enforcement matters; and WHEREAS, the current contract has a not to exceed amount of $44,999; and WHEREAS, the City has a continued need for special counsel legal services which exceeds the current contract limit due to active code enforcement activity; and WHEREAS, the amendment to the agreement will increase the not-to-exceed amount by $140,000; and WHEREAS, with the amendment, the new not-to-exceed amount for the agreement with Civica Law Group would be $184,999. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby approve the amendment to the agreement with Civica Law Group, attached hereto as Exhibit A, and authorizes the City Manager to execute the agreement. BE IT FURTHER RESOLVED that the City Manager is authorized to make any non- substantive changes to the agreement to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 15th day of August 2023, by the following vote: AYES: Councilmembers Hu, Josey, McCorriston, Qaadri and Mayor Hernandez NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk DocuSign Envelope ID: 1FACBEBB-61A8-4E1B-9825-BD20EFEB0F7A 1 FIRST AMENDMENT TO AGREEMENT BETWEEN CIVICA LAW GROUP, APC AND THE CITY OF DUBLIN FOR SPECIAL COUNSEL LEGAL SERVICES 1. PARTIES AND DATE. This First Amendment to the agreement for services (“Amendment”) by and between the CITY OF DUBLIN (“City”), and CIVICA LAW GROUP, APC, a California Professional Corporation engaged in the practice of law in the State of California (“Law Firm”) is effective as of _______________, 2023. Law Firm and the City are sometimes individually referred to herein as “Party” and collectively as “Parties.” In consideration of the mutual promises set forth herein, the parties agree to the terms of this Agreement as set forth herein. 2. RECITALS. 2.1 The City and Law Firm entered into an Agreement on March 1, 2023 (“Agreement”), whereby, Law Firm agreed to provide legal services to the City. 2.2 The City and Law Firm now desire to amend the Agreement. 3. TERMS. 3.1 Contract Changes. The Agreement is amended as provided herein. a. Section 3.3 is hereby amended in its entirety to read as follows: For all legal services provided in this Agreement, the City will compensate Law Firm at the blended rate of $285 per hour for attorney representation and $175 per hour for paralegals and law clerks, which fees shall increase by three percent annually on January 1 to offset rising costs. Compensation shall not exceed $140,000 without approval of the City. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement on March 1, 2023 shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement. Said Agreement is and remains an effective, valid and binding obligation. CITY OF DUBLIN, a Municipal Corporation By: ____________________________ Dated: August _____, 2023 Linda Smith City Manager [Signatures continue on following page.] Exhibit ADocuSign Envelope ID: 1FACBEBB-61A8-4E1B-9825-BD20EFEB0F7A Approved as to form: MEYERS NAVE a Professional Corporation By: ____________________________ Dated: August _____, 2023 John Bakker, Esq. City Attorney CIVICA LAW GROUP, APC By: ____________________________ Dated: August _____, 2023 Matthew Silver, Esq. Managing Partner DocuSign Envelope ID: 1FACBEBB-61A8-4E1B-9825-BD20EFEB0F7A