Laserfiche WebLink
3 <br />p) Motions seeking discovery of police officer personnel records and hearings involving <br />weapons confiscations; <br />q) Cable TV rate regulations and FCC appeals; <br />r) Successor agency services <br />s) Sanitary sewer, stormwater, and matters related to City granted franchises. <br />2B. The City hires Meyers Nave to represent it in litigation. <br />Litigation as used in this Agreement means all work (1) after a notice or summons has been <br />served; (2) after a decision to initiate litigation, or condemn property is approved by the City <br />Council or Successor Agency; 3) preparing for and appearing at administrative hearings or <br />proceedings before other public agencies, hearing officers or regulatory bodies related to: (i) <br />PERB hearings; (ii) fact finding hearings; (iii) mediations and arbitrations; (iv) employee <br />disciplinary hearings; (v) grievance hearings; and (vi) notices of violation. <br />The above definition of litigation does not preclude the City from assigning tort litigation to <br />attorneys from qualified panel firms selected by the City's third party administrator in <br />consultation with the City Attorney and the City's Risk Manager, nor affect the provisions of <br />section 4.h regarding the potential to retain separate legal counsel for any legal assignment(s) <br />that would otherwise be performed by Meyers, Nave. All litigation and cost recovery shall be <br />billed separately pursuant to Sections 2B and 4 (b) and (c) below. <br />3. Independent Contractor <br />Meyers Nave declares that it is engaged in an independent business and agrees to perform the <br />services provided for in this Agreement as an independent contractor and not as the agent, <br />servant, or employee of the City. Meyers Nave shall be solely responsible for its own matters <br />relating to payment of employees, including compliance with social security, withholding and all <br />other regulations governing such matters. <br />4. Compensation. <br />a) For all legal services other than those described in Sections 4(b) and 4(c) of the Agreement, <br />the City will compensate Meyers Nave in the amount of $245 per hour for all attorney services <br />whether by Attorney (Richard D. Pio Roda, the City Attorney) or by other attorneys associated <br />with Meyers Nave, and will compensate Meyers Nave $150 per hour for all paralegal services; <br />b) Attorney, through Meyers Nave, shall be compensated in the amount between $280 and $350 <br />per hour for all litigation services (as defined in Section 2B of the Agreement) rendered whether <br />by Attorney or by other attorneys associated with Meyers Nave. These rates are only applicable <br />if the City selects Meyers Nave to provide litigation services; the City has the discretion to select <br />any other qualified firm to provide litigation services.