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City of San Leandro City Council Meeting Date: December 19, 2022 Agenda Number: 10.h. Agenda Section: CONSENT CALENDAR File Number: 22-707 File Type: Staff Report Adopt a Resolution to Approve an Extension of the Existing Legal Services Agreement with Meyers Nave (“Meyers Nave”) Through December 31, 2029, the Total Annual Cost of Which Shall Not Exceed $1,014,300 in Fiscal Year 2023-2024 SUMMARY AND RECOMMENDATIONS Staff presents for the City Council’s consideration the attached Resolution that would authorize an amendment to Meyers Nave's existing Agreement to provide legal services to the City of San Leandro. If adopted, the proposed amendment would extend the term of the existing agreement until December 31, 2029. During that period of time, the previously adopted hourly rates for legal services will be adjusted each July 1, beginning July, 1, 2023 by the April percentage change in the Consumer Price Index (CPI) for the San Francisco-Oakland-San Jose area, though in no case would those rate changes be less than 1% or greater than 3.5% each year. BACKGROUND The City of San Leandro entered into a Professional Services Agreement with Steven R. Meyers in 1986, to provide contract legal services to the City and its agencies, and to perform the functions, duties and responsibilities of the City Attorney, as set forth in the City's Charter. In 2000, Amendment No. 1 assigned the Professional Services Agreement to Meyers Nave, a professional corporation. Amendment No. 2 and Amendment No. 3 were approved in 2005 and 2008, respectively. The above contracts were structured such that a fixed monthly retainer was provided to Meyers Nave in exchange for the firm's legal services. In 2013, the City contracted with Municipal Resources Group, LLC ("MRG") to analyze the City's legal services. As part of this analysis, MRG completed an extensive review of the costs associated with the agreement, as well as a benchmark survey of nine other jurisdictions in Alameda and Contra Costa Counties; Alameda, Berkeley, Fremont, Hayward, Livermore, Pleasanton, Union City, Pittsburg, and Richmond. Based upon this analysis, the City Council ultimately negotiated a new agreement with Meyers Nave that eliminated the flat retainer structure, which was replaced by a fee-for-service arrangement. Per the MRG analysis, this structure was designed to simplify the administration of the contract and ultimately reduce the City’s costs. This analysis subsequently was presented to the City Council for consideration on February 19, 2013. On May 20, 2013, the City Council voted to adopt a new 13-month agreement with Meyers Nave, effective from June 1, 2013 through June 30, 2014, which was subsequently extended for several additional periods, with the current agreement set to expire on December 31, 2025. Both the Page 1 City of San Leandro Printed on 12/14/2022