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8G Consent 2014 0616
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8G Consent 2014 0616
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Last modified
6/30/2014 10:02:16 AM
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6/11/2014 10:49:38 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/16/2014
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_CC Agenda 2014 0616 CS+RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0616
Reso 2014-057
(Reference)
Path:
\City Clerk\City Council\Resolutions\2014
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AMENDMENTNo. 1 TO AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF SAN <br />LEANDRO AND THE LAW FIRM OF MEYERS NAVE RIBACK SILVER & WILSON <br />This1ST Amendment (“Amendment”) to Agreement for Legal Services (“Agreement’) is entered into by and <br />between the City of San Leandro(“City”) and Meyers Nave Riback Silver & Wilson to amendthat certain <br />Agreement dated effective June1, 2013. This Amendment in noway alters the terms and conditions of the <br />Agreement except as specifically set forth herein. The effective datefor this Amendment shall be July 1, <br />2014. <br />AMENDMENTS <br />Section 1 (Appointment of City Attorney) shall be amended to state as follows: “City retains Meyers Nave <br />and appoints Richard D. Pio Roda (hereinafter referred to as“Attorney”) as City Attorney; Jennifer E. <br />Faught and Kristopher Kokotaylo as Assistant CityAttorneys; and Jayne W. Williams as Special Assistant <br />to the City Attorney. Meyers Naveand Attorney agree to faithfully represent the legal interests of the City <br />during the term ofthis Agreement.” <br />Section 4a (Compensation) shall be amended such that for all legal services rendered in FY2014-2015 <br />other than those described in Sections 4(b) and 4(c) of the Agreement, the City willcompensate Meyers <br />Nave in the amount of $220 per hour for all attorney services whether byAttorney (Richard D. Pio Roda, <br />the City Attorney) or by other attorneys associated withMeyers Nave,and will compensate Meyers Nave <br />$145 per hour for all paralegal services; <br />Section 4b: Attorney, through Meyers Nave, shallbe compensated in the amountof $274 per hour for all <br />litigation services (as defined in Section 2B of the Agreement)rendered in FY 2014-2015 whether by <br />Attorney or by other attorneys associated with MeyersNave. As provided in the current Agreement, it <br />nevertheless bears reiterating that theserates are only applicable if the City selects Meyers Nave to <br />provide litigation services; theCity has the discretion to select any other qualified firm to provide litigation <br />services, whichit has done for several cases since the current Agreement’s execution; <br />Section 4c: For all legal services for which the Cityis reimbursed by third parties (e.g. landuse cost <br />recovery), referred to in the Agreement as “Cost Recovery Work” Meyers Nave willbe compensated in FY <br />2014-2015 at between $275 and $375 per hour depending on theexperience level of the Meyers Nave <br />attorney assigned to the project. <br />Sections 4(f),4(g), and 4(h)shallbe amended to coincide with a 12-month agreementat the new not-to- <br />exceed threshold of $783,200 (exclusive of reimbursable costs). This amount continues to include a <br />$50,000 set-aside that may be used at the discretion of the City Manager in consultation with the City <br />Attorney for the retention of separatelegalcounsel. <br />Section 16 (Term of Agreement) shall be extended by a term of twelve (12) months, i.e. from July 1, 2014 <br />to June 30, 2015. The agreement shall continue to be terminable by the City at will and by Attorney upon <br />30 days’ written notice. <br />IN WITNESS WHEREOF, City and Meyers Navehave executed this Amendment as of the Effective Date.
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