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HomeMy WebLinkAbout4.16 Amendment to the Agreement with Civica Law Group for Special Counsel Legal ServicesSTAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.16 DATE:August 15, 2023 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Amendment to the Agreement with Civica Law Group for Special Counsel Legal ServicesPrepared by:Jeff Baker, Community Development Director EXECUTIVE SUMMARY:The City Council will consider approving an amendment to the agreement with Civica Law Group for special counsel legal services related to code enforcement activities. STAFF RECOMMENDATION:Adopt the Resolution Approving the First Amendment to the Agreement with Civica Law Group, APC for Special Counsel Legal Services. FINANCIAL IMPACT:The costs associated with the enforcement of the Dublin Municipal Code are borne by the General Fund, and in some cases, the City may be able to recoup certain enforcement costs. The proposed contract amendment is for an additional $140,000. Staff estimates there will be about $45,000 carried over from Fiscal Year 2022-23 budget for legal services, thus the remaining amount of about $95,000 will need to be appropriated from the General Fund Undesignated Reserve. Upon City Council approval of the amendment and the finalization of prior-year carry overs, Staff will adjust the budget to cover the total contract cost. DESCRIPTION:BackgroundThe 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 contract with Civica Law Group to provide special legal counsel, representation, and assistance with code enforcement matters. The current contract has a not-to-exceed amount of $44,999. The City has a continued need for special counsel legal services which exceeds the current contract limit due to active code enforcement activity. Therefore, Staff proposes to amend the agreement to increase the not-to-exceed amount by $140,000. 763 Page 2 of 2 STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:1) Resolution Approving the First Amendment to the Agreement with Civica Law Group, APC for Special Counsel Legal Services2) Exhibit A to the Resolution -First Amendment to the Agreement Between Civica Law Group, APCand the City of Dublin for Special Counsel Legal Services 764 Attachment 1 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 1 RESOLUTION NO. XX – 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: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 765 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.] Attachment 2 766 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 767