Title
Staff Report for a Resolution Approving a New Legal Services Agreement with the Law Firm of Meyers Nave Riback Silver & Wilson
StaffReport
SUMMARY AND RECOMMENDATIONS
Approve a new legal services agreement with the law firm of Meyers Nave Riback Silver & Wilson to provide City Attorney and litigation services for the City
BACKGROUND and ANALYSIS
At the direction of the City Council, the City Manager's Office developed an agreement for legal services with the law firm of Meyers Nave Riback Silver & Wilson (Meyers Nave) for consideration. Terms of the attached agreement are as follows:
- Effective Date of Agreement: June 1, 2013
- Rates:
a) City Attorney services (all services defined in previous legal services agreements and related amendments with Meyers Nave as Basic and Special, as well as all Successor Agency, Pitchess motions, weapons confiscations, code enforcement advice and counsel (except code enforcement litigation), and Labor & Employment work except as provided under Litigation in Section (b) below, will be charged at a blended rate of $210 per hour. Paralegal services will be billed at $135/hr.
b) Litigation, which includes all work (1) after a notice or summons has been served; (2) a decision to initiate litigation, or condemn property is approved by the City Council or Successor Agency; (3) preparing for and appearing at administrative hearings or proceedings before other public agencies, hearing officers or regulatory bodies related to: (i) PERB hearings; (ii) fact finding hearings; (iii) mediations and arbitrations; (iv) employee disciplinary hearings; (v) grievance hearings; and (vi) notices of violation, will be charged at a blended rate of $264 per hour except for paralegal services, which will be billed at $135/hr. Budgets will be submitted and approved by the City Manager or his designee for all litigation matters. These litigation rates do not apply to tort litigation assigned to attorneys from qualified panel firms selected by the City's third party administrator in consultation with the City Attorney and the City's Risk Manager.
c) Cost recovery (pass-through legal costs for which the City may recoup its expenses from a third party) will be charged at rates established in the City's fee schedule from $250 to $350 per hour depending on the seniority of the attorney assigned.
- The term of the new agreement will be thirteen months (June 1, 2013 to June 30, 2014.) Fees for legal services will not exceed $778,700.00 during the 13 month term of the agreement (June 1, 2013 to June 30, 2014). The legal services budget may be reduced by up to $50,000 during the term of the agreement for retention of special counsel by the City Council or City Manager, upon consultation with the City Attorney. The legal services budget described herein would be exclusive of litigation and cost recovery services performed by Meyers Nave.
- Meyers Nave will provide on-site legal consultation of at least 35 hours per week, which includes serving as legal counsel at all City Council meetings, and/or as legal counsel to meetings of other City legislative bodies when requested by the City Manager or his designee. The City Attorney will work with the City Manager to establish a schedule that provides an attorney is available at City Hall five days a week for on-site legal consultation.
- The City Attorney and City Council will meet in April, 2014 to review the performance of the City Attorney. The parties may agree to changes or amendments including, but not limited to, extension of the term of the Agreement and changes in compensation provisions.
- Legal consultants, outside investigators, court costs, expert witness fees, and all other legal expenses and costs are not included in the legal services budget amount and will be billed separately to and / or paid directly by the City through separate consulting services agreements with the respective vendors.
ATTACHMENT(S)
- New Legal Services Agreement with Meyers Nave Riback Silver & Wilson
PREPARED BY: Lianne Marshall, Assistant City Manager