Loading...
HomeMy WebLinkAboutItem 5.4 Amendment to the Agreement with Civica Law Group, APC for Special Counsel Legal Services Agenda Item 5.4 STAFF REPORT CITY COUNCIL Page 1 of 2 DATE: October 6, 2026 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager SUBJECT: Amendment to the Agreement with Civica Law Group, APC for Special Counsel Legal Services Prepared by: Amy Million, Community Development Director EXECUTIVE SUMMARY: The City Council will consider approving an amendment to the agreement with Civica Law Group, APC for special counsel legal services related to code enforcement activities. STAFF RECOMMENDATION: Adopt the Resolution Approving the Fourth Amendment to the Agreement with Civica Law Group, APC for Special Counsel Legal Services. FINANCIAL IMPACT: The costs associated with enforcing the Dublin Municipal Code are borne by the General Fund, although the City may recover certain enforcement costs from responsible parties. The proposed contract amendment would establish a contract amount of $310,000 for the period of July 1, 2026 to June 30, 2028. Sufficient funds were included in the Fiscal Year 2026-27 Budget to accommodate the proposed increase. DESCRIPTION: Background The City utilizes consultants, including legal counsel, on an as -needed basis to assist Staff with specific areas of technical expertise. The City has an existing agreement with Civica Law Group, APC to provide special legal counsel, representation, and assistance with code enforcement matters. While the agreement is currently in effect, the compensation under the agreement has a not-to-exceed limit of $800,000 through June 30, 2026. Because of litigation related to ongoing code enforcement activity, Staff is proposing to allocate an additional amount of $310,000 through June 30, 2028. 90 Page 2 of 2 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving the Fourth Amendment to the Agreement with Civica Law Group, APC for Special Counsel Legal Services 2) Exhibit A to the Resolution – Fourth Amendment to the Agreement Between Civica Law Group, APC and the City of Dublin for Special Counsel Legal Services 3) Original Agreement with Civica Law Group, APC for Special Counsel Legal Services, and First, Second, and Third Amendments 91 Attachment 1 Reso. No. XX-26, Item X.X, Adopted XX/XX/2026 Page 1 of 1 RESOLUTION NO. XX – 26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE FOURTH 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, APC for special counsel legal services, representation, and assistance related to code enforcement matters; and WHEREAS, the City has a continued need for special counsel legal services that exceeds the current contract limit due to active code enforcement activity; and WHEREAS, the current contract has a not-to-exceed amount of $800,000 for the period of July 1, 2024 to June 30, 2026; and WHEREAS, the Fourth Amendment to the agreement establishes a not-to-exceed amount of $310,000 for the period of July 1, 2026 to June 30, 2028 . NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby approve the Fourth Amendment to the agreement with Civica Law Group, APC, attached hereto as Exhibit A (the “Fourth Amendment”). BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Fourth Amendment and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin, on this 6th day of October, 2026, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 92 Page 1 of 2 FOURTH AMENDMENT TO AGREEMENT BETWEEN CIVICA LAW GROUP, APC AND THE CITY OF DUBLIN FOR SPECIAL COUNSEL LEGAL SERVICES 1.PARTIES AND DATE. This Fourth 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 entered into as of October 6, 2026. 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 amended the Agreement on August 15, 2023, to increase the contract limit. 2.3 The City and Law Firm amended the Agreement on May 21, 2024, to increase the contract limit. 2.4 The City and Law Firm amended the Agreement on July 1, 2025, to increase the contract limit. 2.5 The City and Law Firm now desire to amend the Agreement to increase the contract limit. 3. TERMS. 3.1 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 $325 per hour for attorney representation and $199 per hour for paralegals and law clerks, which fees shall increase by up to five percent on January 1 of each year, rounded up to the nearest dollar, to offset rising costs. The attorney’s fees to Law Firm beginning July 1, 2026, through June 30, 2028, shall not exceed $310,000 without approval of the City. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement and and all previous amendments 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 Fourth Amendment to the Agreement. Said Agreement is and remains an effective, valid and binding obligation. [Signatures on following page.] Attachment 2 Exhibit A to the Resolution 93 Page 2 of 2 CITY OF DUBLIN, a Municipal Corporation By: Colleen Tribby City Manager Approved as to form: REDWOOD PUBLIC LAW, LLP a Professional Corporation By: John Bakker, Esq. City Attorney CIVICA LAW GROUP, APC By: Matthew Silver, Esq. Managing Partner 94 Attachment 3 95 96 97 98 99 100 101 Page 1 of 2 SECOND AMENDMENT TO AGREEMENT BETWEEN CIVICA LAW GROUP, APC AND THE CITY OF DUBLIN FOR SPECIAL COUNSEL LEGAL SERVICES 1. PARTIES AND DATE. This Second 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 entered into as of May 21, 2024. 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 amended the Agreement on August 15, 2023 increase the contract limit. 2.3 The City and Law Firm now desire to amend the Agreement to provide for a contract limit for a two year contract period. 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 $294 per hour for attorney representation and $180 per hour for paralegals and law clerks, which fees shall increase by up to five percent on January 1 of each year, rounded up to the nearest dollar, to offset rising costs. The attorney’s fees to Law Firm for fiscal year 2023-2024 shall be increased by $20,000 to a total of $205,000, and beginning July 1, 2024 through June 30, 2026, shall not exceed $400,000 without approval of the City. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement and First Amendment 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 Second Amendment to the Agreement. Said Agreement is and remains an effective, valid and binding obligation. [Signatures on following page.] DocuSign Envelope ID: DB763568-660A-46D1-A505-043AD730BF18 102 Page 2 of 2 CITY OF DUBLIN, a Municipal Corporation By: ____________________________ Linda Smith City Manager Approved as to form: REDWOOD PUBLIC LAW, LLP a Professional Corporation By: ____________________________ John Bakker, Esq. City Attorney CIVICA LAW GROUP, APC By: ____________________________ Matthew Silver, Esq. Managing Partner DocuSign Envelope ID: DB763568-660A-46D1-A505-043AD730BF18 103 THIRD AMENDMENT TO AGREEMENT BETWEEN CIVICA LAW GROUP, APC AND THE CITY OF DUBLIN FOR SPECIAL COUNSEL LEGAL SERVICES 1. PARTIES AND DATE. This Third 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 entered into as of July 1, 2025. 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 amended the Agreement on August 15, 2023, to increase the contract limit. 2.3 The City and Law Firm amended the Agreement on May 21, 2024, to increase the contract limit. 2.4 The City and Law Firm now desire to amend the Agreement to increase the contract limit. 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 $309 per hour for attorney representation and $189 per hour for paralegals and law clerks, which fees shall increase by up to five percent on January 1 of each year, rounded up to the nearest dollar, to offset rising costs. The attorney’s fees to Law Firm beginning July 1, 2024, through June 30, 2026, shall not exceed $800,000 without approval of the City. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement and First Amendment 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 Second Amendment to the Agreement. Said Agreement is and remains an effective, valid and binding obligation. 104 Page 2 of 2 [Signatures on following page.] CITY OF DUBLIN, a Municipal Corporation By: ____________________________ Colleen Tribby City Manager Approved as to form: a Professional Corporation By: ____________________________ John Bakker, Esq. City Attorney By: ____________________________ Matthew Silver, Esq. Managing Partner 105