HomeMy WebLinkAbout4.04 LegalSvsAmendAgmt
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE May 8, 1995
SUBJECT:
Amendment to Agreement for Legal Services
Report prepared by Elizabeth H. Silver, City Attorney
1./ Draft Second Amendment to Agreement for Legal
Services with Meyers, Nave, Riback, Silver & Wilson
2.; Agreement for Legal Services
3.1/ First Amendment to Agreement for Legal Services
4. Resolution No. 69-90
5. / Resume of Rick Jarvis .
6. / Draft Resolution Designating Deputy City Attorney
EXHIBITS ATTACHED:
RECOMMENDATIV 1.
2.
Approve Amendment to Agreement and authorize
Mayor to execute same
Adopt Resolution Designating Deputy City Attorney
FINANCIAL STATEMENT: The proposed amendment would double the City's
contribution to PERS from $3,194 per year to $6,388 per
year. It would not change the rates charged for legal services
and for fiscal year 1995-1996.
DESCRIPTION: The City entered into an agreement for legal services with
Meyers, Nave, Riback, & West on July 1,1990. The agreement was amended effective July I,
1991, to increase the hourly rates for eminent domain and CEQA actions. There have been
no changes to the agreement since then.
The City Attorney has requested that the Council consider an amendment to the
Agreement to make two changes (I) reflect the revised name of her law firm; and (2) increase
the maximum amount of compensation on which PERS contributions are based from $2,000
a month to $4,000 a month. (see Attachment 1.) The proposed amendment would be
effective July I, 1995.
The City currently contributes both the employer and employee shares of required
PERS contributions for the City Attorney as well as for all city employees. Because the City
Attorney is an independent contractor and some of the work performed for the City is
performed by other attorneys in her office, it is not appropriate to contribute to PERS on all
compensation paid by the City to the City Attorney's law firm each month. Rather, under the
current agreement the City Attorney reports the actual number of hours she performs each
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ITEM NO. !J..4
COPIES TO:
CITY CLERK
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month and the dollar amount associated with those hours and the PERS contribution is based
on that number subject to a "cap" of $2,000 per month. The actual number of hours worked
by the City Attorney and the associated dollar amount has averaged 56 hours a month for a
total of $7,007 per month since January, 1991, well in excess of the $2,000 per month "cap"
in the current agreement.
The City Attorney requests that the Council consider amending the current agreement to raise
the "cap" to $4,000 per month. This is closer to the actual compensation attributable to the
City Attorney, as indicated above. It would equate to an annually salary of $48,000, which is
below the salary of City Attorneys of surrounding communities (Pleasanton's City Attorney's
compensation is $101,600 and Livermore's City Attorney's compensation is $100,429 per
year) .
The City contributed $3,194 to PERS in fiscal year 1994-1995 as the employer and employee
share of PERS for the City Attorney (the employee rate is 7% and the City's current rate is
6.308%). The proposed amendment would increase that amount to $6,388 for fiscal year
1995-96. The cost to the City in future years will vary if the City's contribution rate to PERS
changes.
The City Attorney has also requested that the Council designate Rick Jarvis as Deputy City
Attorney. Mr. Jarvis has been assisting the City Attorney with providing legal services to the
City, especially legal issues regarding the Eastern Dublin Specific Plan. The City Attorney
believes it is appropriate for formally designate Mr. Jarvis as Deputy City Attorney. Mr.
Jarvis' resume is attached. (Attachment 5.)
Staff recommends that the City Council (I) authorize the Mayor to execute the Second
Amendment to the Agreement for Legal Services (Attachment I) and (2) adopt the Resolution
Designating Deputy City Attorney <Attachment 6).
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SECOND AMENDMENT TO
AGREEMENT FOR LEGAL SERVICES
This Second Amendment to Agreement for Legal Services is made and entered into as
of July I, 1995, 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 (formerly
known as Meyers, Nave, Riback & West) are parties to an Agreement for legal services, dated
and entered into as of July I, 1990; 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. All references to "Meyers, Nave, Riback & West" shall be changed to Meyers,
Nave, Riback, Silver, and Wilson,"
2. Existing paragraph 5 is deleted and new paragraph 5 is added, to read as
follows:
"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 20361. CITY shall contribute both the employer
and employee share of required PERS contributions based on compensation for
hours billed by ATTORNEY, except that said contributions shall not be made
for any ATTORNEY compensation which exceed $4,000 per month. As
determined by CITY, the monthly limit may be accounted for on a bi-weekly or
other basis for record keeping purposes. "
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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
Dated:
By:
Guy S. Houston, Mayor
MEYERS, NAVE, RIBACK, SILVER & WILSON
Dated:
By:
Elizabeth H. Silver
ATTEST:
City Clerk
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AGREEMENT FOR LEGAL SERVICES
This Agreement, made and entered into as of July 1, 1990, by
and between the CITY OF DUBLIN, a Municipal Corporation in the
State of California, hereinafter referred to as "CITY" and MEYERS,
NAVE, RIBACK & WEST, hereinafter referred to as "MNRW".
WITNESSETH
WHEREAS, ELIZABETH H. SILVER is a member of the law firm of
MNRW; and
WHEREAS, MICHAEL R. NAVE is a member of the law firm of MNRW;
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, 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.
2. Attorney's Services.
ATTORNEY shall provide, through her own services and those of
such other attorneys of MNRW, as she shall determine, all legal
services usually and normally provided by City Attorneys, and
specifically those duties and services described in Government Code
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sections 41801, 41802, and 41803.5.
Such services shall include,
but not be limited to:
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.
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3. Independent Contractor.
ATTORNEY shall provide legal services to CITY as an
independent contractor , with control over her off ices, hours,
support staff and other matters except as provided herein.
4. Compensation.
CITY shall compensate ATTORNEY, through MNRW, in the amount
of $125 per hour for all services rendered, whether by ATTORNEY or
by other attorneys associated with MNRW, including MICHAEL R. NAVE.
MNRW will also be reimbursed for customary costs and disbursements,
including deposition and witness fees, court costs, telephone,
photocopying, computer research on-line fees, and messenger
services. ATTORNEY, through MNRW, 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 Employees I Retirement system
(PERS) as provided in Government Code section 20361. CITY shall
contribute both the employer and employee share of required PERS
contributions based on compensation for hours billed by ATTORNEY,
except that said contributions shall not be made for any ATTORNEY
compensation which exceeds $2,000 per month.
As determined by
CITY, the monthly limit may be accounted for on a bi-weekly or
other basis for record keeping purposes.
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6. No Assignment.
This Agreement is entered into by CITY and MNRW and, except
as set forth herein, the rights and obligations of ATTORNEY may not
be assigned or delegated to any other. attorney of MNRW without
express written consent of the city Council. This Agreement is not
assignable.
7. Municioal Professional Memberships, Meetings.
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 participation 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 the 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
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
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be advanced or reimbursed b~ 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 MNRW, 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.
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 necessarily limited to changes in compensation provisions,
which changes or amendments shall be evidenced by written amendment
hereto.
10. Term.
This Agreement shall be terminable by CITY at will and by
ATTORNEY upon 30 days' written notice.
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FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
This First Amendment to Agreement for Legal Services is made
and entered into as of May 13, 1991, by and between the CITY OF
DUBLIN, a Municipal Corporation in the State of California,
hereinafter referred to asllCITYII and MEYERS, NAVE, RIBACK & WEST,
hereinafter referred to as IIMNRW".
WITNESSETH
WHEREAS, CITY and MEYERS, NAVE, RIBACK & WEST are parties to
an Agreement for legal services, dated and entered into as of July
1, 1990; 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:
114. Comoensation.
Except as set forth in the following sentence,
CITY shall compensate ATTORNEY, through MNRW,
in the amount of $125 per hour for all
services rendered, whether by ATTORNEY or by
other attorneys associated with MNRW,
including MICHAEL R. NAVE. CITY shall
compensate attorney, through MNRW, in the
amount of $150 per hour for all services
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rendered by a partner in MNRW in connection
with (a) eminent domain actions and (b)
actions concerning CITY'S compliance with the
California Environmental Quality Act in which
CITY is defendant.
MNRW will also be
reimbursed
for
customary
costs
and
disbursements,
including
deposition
and
witness
fees,
court
costs,
telephone,
photocopying, computer research on-line fees
and messenger services.
ATTORNEY, through
MNRW, 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 Municip5~ rporation
//
Dated:
8~'-I /9 /
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B
Dated:
t1t~ .1,' /1ft
, ,
MEYERS, NAVE, RIBACK & WEST
By: 'tf~ IJ, J;k
Elizabeth H. silver
114\agree\leglserv.1st 4/25/91
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RESOLUTION NO. 69 - ..,
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
********************
APPOINTING CITY ATTORNEY AND APPROVING AN AGREEMENT FOR LEGAL SERVICES
WITH MEYERS, NAVE, RIBACK & WEST & RESCINDING RESOLUTION NO. 3-82
.'
WHEREAS, Resolution No. 3-82 designated Michael R. Nave as city
Attorney; and
WHEREAS, Michael R. Nave has been the city Attorney of the city
of Dublin since February 1, 1982; and
WHEREAS, because of trial commitments, Michael R. Nave has
resigned as city Attorney ef+ective June 30, 1990.
NOW, THEREFORE, BE IT RESOLVED that the city council of the city
of Dublin does resolve, determine and order as follows:
section 1. The resignation of Michael R. Nave .as city Attorney
is accepted, effective June 30, 1990.
section 2. Elizabeth H. Silver is hereby appointed as city
Attorney, effective July 1, 1990, to serve at the pleasure of the city
council.
section 3. Michael R. Nave is hereby appointed as Assistant city
Attorney, effective July 1, 1990, to serve at the pleasure of the City
Council.
section 4. The terms of compensation for the legal services
rendered by the city Attorney and Assistant city Attorney shall be as
set forth in the "Agreement for Legal Services", attached hereto as
Exhibit A. The said "Agreement for Legal Services" is hereby approved
by the Council and the Mayor is authorized and directed to execute it.
section 5. The Agreement identified as Exhibit A in section 4
! above, shall supersede the agreement dated April 11, 1988 by and
between the city of Dublin and Michael R. Nave.
section 6. Effective July 1, 1990, city of Dublin Resolution No.
3-82 appointing Michael R. Nave as city Attorney is hereby rescinded.
PASSED, APPROVED AND ADOPTED this 11th day of June, 1990.
AYES: Councilmembers Hegarty, Jeffery, Snyder, Vonheeder and
Mayor Moffatt
NOES: None
ABSTAIN: None
ABSENT: None
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Rick W. Jarvis
EDUCATIONAL BACKGROUND:
Admitted to California Bar: December, 1991
Boalt Hall School of Law, University of California, Berkeley
J. D. May 1991
Top 20% of class (estimated)
Internal Operations Director, Berkeley Law Foundation
Law Update Editor, High Technology Law Journal
University of California, Berkeley
Bachelor of Arts in English and Mathematics, May, 1988
High Honors in English with High Distinction in General Scholarship
Regents Scholar
LEGAL EXPERIENCE:
Meyers, Nave, Riback, Silver, & Wilson, San Leandro
Associate Attorney: Advising municipalities on a wide range of legal issues, focusing on land
use and environmental law . Played a lead role in numerous cases involving challenges under
CEQA, the Endangered Species Act, the Williamson Act, the State Planning and Zoning Laws.
Associate City Attorney to City of San Leandro.
September, 1992 through present
Honorable Wayne D. Brazil, San Francisco
Judicial Law Clerk: Clerked for Judge Brazil, a federal magistrate in the United States District
Courts, Northern District of California. Researched and drafted opinions and orders on
complex issues of federal law , including civil rights, taxation, and securities. Assisted in
federal discovery, case management, and other pre-trial matters.
August, 1991 through September, 1992
Berkeley Law Foundation
Corporate Bylaw Revision: Drafted a major revision of BLF's corporate bylaws to address
structural changes that had occurred within the organization. Project involved much
consultation with the board of directors and others affiliated with BLF, research into BLF's
history, and research of California non-profit corporation law and federal tax law. Project
satisfied law school writing requirement.
Summer, 1989 through Spring, 1991
Law Offices of Gonzalez and Kenney, Oakland
Law Clerk: Worked full time in four-attorney office. Researched and drafted pleadings,
discovery documents, motions to the court, internal memoranda to attorneys, legal opinions to
clients, and lease agreements.
Summer, 1989
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RESOLUTION NO. _ - 95
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
DESIGNATING DEPUTY CITY ATTORNEY
WHEREAS, the City Council previously adopted Resolution No. 69-90 designating
Elizabeth H. Silver as City Attorney, and Michael R. Nave as Assistant City Attorney, and
approving the Agreement for legal services with Meyers, Nave, Riback, Silver & West; and
WHEREAS, Rick W. Jarvis has been assisting the City Attorney in providing legal services
to the City, especially legal issues regarding the Eastern Dublin Specific Plan;
WHEREAS, the City Attorney has recommended that the Council designate Rick Jarvis
as Deputy City Attorney;
NOW, THEREFORE, BE IT RESOLVED by the Dublin City Council as follows:
1. Rick W. Jarvis is hereby appointed as Deputy City Attorney to serve at the
pleasure of the City Council.
PASSED, APPROVED AND ADOPTED this 8th day of May, 1995.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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