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8K Consent 2015 0615
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8K Consent 2015 0615
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Last modified
6/19/2015 12:06:30 PM
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6/10/2015 2:45:42 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/15/2015
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_CC Agenda 2015 0615 RG
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\City Clerk\City Council\Agenda Packets\2015\Packet 2015 0615
Reso 2015-112
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Path:
\City Clerk\City Council\Resolutions\2015
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AMENDMENT NO. 2 TO AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF SAN <br />LEANDRO AND THE LAW FIRM OF MEYERS NAVE RIBACK SILVER & WILSON <br />This 2nd 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 amend that certain <br />Agreement dated effective June 1, 2013, and subsequent Amendment No. 1 effective July 1, 2014. This <br />Amendment in no way alters the terms and conditions of the Agreement, or Amendment No. 1 except as <br />specifically set forth herein. The effective date for this Amendment shall be July 1, 2015. <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;and Jennifer E. <br />Faught and Kristopher Kokotaylo as Assistant City Attorneys. Meyers Nave and Attorney agree to faithfully <br />represent the legal interests of the City during the term of this Agreement.” <br />Section 4a (Compensation) shall be amended such that for all legal services rendered in FY 2015-2016 <br />other than those described in Sections 4(b) and 4(c) of the Agreement, the City will compensate Meyers <br />Nave in the amount of $230 per hour for all attorney services whether by Attorney (Richard D. Pio Roda, <br />the City Attorney) or by other attorneys associated with Meyers Nave, and will compensate Meyers Nave <br />$150 per hour for all paralegal services; <br />Section 4b: Attorney, through Meyers Nave, shall be compensated in the amount of $280 per hour for all <br />litigation services (as defined in Section 2B of the Agreement) rendered in FY 2015-2016 whether by <br />Attorney or by other attorneys associated with Meyers Nave. As provided in the current Agreement, it <br />nevertheless bears reiterating that these rates are only applicable if the City selects Meyers Nave to <br />provide litigation services; the City has the discretion to select any other qualified firm to provide litigation <br />services, which it has done for several cases since the current Agreement’s execution; <br />Section 4c: For all legal services for which the City is reimbursed by third parties, referred to in the <br />Agreement as “Cost Recovery Work,” Meyers Nave will be compensated in FY 2015-2016 at between $280 <br />and $375 per hour depending on the experience level of the Meyers Nave attorney assigned to the project. <br />Sections 4(f), 4(g), and 4(h) shall be amended to coincide with a 12-month agreement at the new not-to- <br />exceed threshold of $802,780 (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 separate legal counsel. <br />Section 16 (Term of Agreement) shall be extended by a term of twelve (12) months, i.e. from July 1, 2015 <br />to June 30, 2016. 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 Nave have executed this Amendment as of the Effective Date.
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