HomeMy WebLinkAboutAgreement for City Attorney Service - Amendment #9 •
AMENDMENT NO. 9 TO AGREEMENT FOR CITY ATTORNEY SERVICES
BETWEEN MEYERS NAVE AND THE TOWN OF LOS ALTOS HILLS
Whereas,on August 31, 2002, the Town of Los Altos Hills ("TOWN") and Meyers
Nave ("MEYERS NAVE") entered into the Agreement for City Attorney Services Between
the Town of Los Altos Hills and Meyers Nave ("Agreement");
Whereas,Amendment No. 1 to the Agreement was approved in 2006;and,
Whereas,Amendment No. 2 to the Agreement was approved in 2007;and,
Whereas,Amendment No. 3 to the Agreement was approved in 2008; and,
Whereas,Amendment No. 4 to the Agreement was approved in 2010;and,
Whereas,Amendment No. 5 to the Agreement was approved in 2011;and,
Whereas,Amendment No. 6 to the Agreement was approved in 2012; and,
Whereas,Amendment No. 7 to the Agreement was approved in 2013;and,
Whereas, Amendment No. 8 to the Agreement was approved in 2015;and,
Whereas,the Town estimates that it will need approximately 40 hours per month of
basic general counsel services as defined herein below;and
Whereas,the parties desire to amend the Agreement to set a retainer rate for the
estimated amount of basic general counsel services as defined herein,and set an hourly rate
for enterprise and special services.
Now, therefore,the parties hereby agree as follows:
1. Section 3 of the Agreement is hereby amended to read as follows:
"3. Leval Pees. TOWN shall pay MEYERS NAVE$11,000 per month of basic
general counsel services as defined herein. This amount shall be inclusive of photocopy,
postage, fax and travel costs for travel to and from City Council and Commission meetings.
Such basic general counsel services include the following:
• Attend all regular and special meetings of the City Council, City Council study
sessions, and certain Planning Commission meetings as necessary. During
those meetings,provide advice and opinions with respect to all legal matters;
• Attend meetings of other boards, committees or staff of the Town as deemed
necessary and appropriate,or as requested by the City Council or City Manager,
at which time provide advice and opinions with respect to all legal matters;
• Provide legal advice, consultation and training to the City Manager and the
Town staff regarding Town operations and policies to minimize risks and
potential liability,thereby protecting the fiscal interests of the Town and
improving the delivery of municipal services;
• Provide research,preparation or review of ordinances, resolutions, agreements
and contracts,budgets,written opinions and advice letters,emails, agendas and
other documents pertaining to Town business, and examine for legal sufficiency
all documents that Town staff may submit for review including,but not limited
to Town services, elections, land use, open meeting laws, code enforcement,
public records,health and safety, and legislative procedures;
• Provide legal services required in connection with (1) the routine acquisition of
land or easements, (2) property disposals, (3)public improvements, (4)
easement dedications, (5) right-of-way abandonment, (6) enforcement of Town
Codes, and (7) land use, zoning regulations and building standards except where
such services are part of land use cost recovery as set forth in the Special
Services section;
• Advise the City Council, agents and Town staff on all general legal matters
pertaining to the Town,including the enforcement and interpretation of State
and local laws and codes. The City Attorney shall use good faith efforts to
provide routine legal advice and consultation to Town staff on a "same day"
basis via email, telephone, or in-person meetings, or correspondence;
• Render advice and assistance in the administration of the Town's general
liability risk management and insurance programs;
• Keep the Council and City Manager informed of the status of all litigations
involving the Town;
• Provide written opinions when requested by City Manager or Council
members;
• Provide consultation with individual City Council members on questions
regarding Town legal matters;
• When approved by the City Council or City Manager, communicate with
members of the public and/or press regarding Town operations and activities
of a legal nature;
• Hire and supervise activities of any legal counsel for matters requiring
specialized skills or when a conflict of interests exists and makes the City
Attorney's representation of the Town inappropriate.
For specialized legal services including labor and personnel issues,
telecommunications issues,enterprise fund work(e.g. sewer and storm water), and special
services beyond the level of basic general services set forth herein and as approved by the
City Manager or City Council,TOWN will pay MEYERS NAVE $300 per hour for
attorneys. For legal work associated with land use applications or sewer reimbursement
agreements which are subject to cost recovery by the Town,and all litigation, except tort
litigation coordinated through ABAG,TOWN will pay MEYERS NAVE$325 per hour for
attorneys. Tort litigation will be billed at the established ABAG rates if the work is done by
Meyers Nave. Paralegal work associated with these specialized services will be billed at the
$150 per hour."
2. Except as amended herein,all other terms of the Agreement shall remain in full
force and effect.
3. This Amendment No. 9 shall take effect as of January 1, 2018.
TOWN OF LOS ALTOS HIT T S
Date: 2_-Z2- 27/Y
By:
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Approved as to form:
Special Coor Town of Los Altos Hills
MEYERS NAVE
Date: — •,- ‘
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By: \�
Steven T. Mattis,Principal
2864511.1
RESOLUTION 15-18
A RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING THE
EXECUTION OF AMENDMENT NO.9 TO THE AGREEMENT FOR CITY
ATTORNEY SERVICES BETWEEN THE TOWN OF LOS ALTOS HILLS AND
MEYERS NAVE
WHEREAS, on August 31, 2002, the Town of Los Altos Hills ("TOWN") and Meyers Nave
("MEYERS NAVE") entered into the Agreement for City Attorney Services Between the
Town of Los Altos Hills and Meyers Nave ("Agreement")
WHEREAS, the Agreement has subsequently been amended eight times with Amendment
No. 8 approved in 2015;
WHEREAS, the TOWN and MEYERS NAVE desire to amend the compensation section of
the Agreement.
NOW,THEREFORE, the City Council of the Town of Los Altos Hills does hereby approve
Amendment No. 9 to the Agreement and authorizes the City Manager to execute Amendment
No. 9 on behalf of the Town of Los Altos Hills.
The above and foregoing Resolution was passed and adopted by the City Council of the Town of
Los Altos Hills at a regular meeting held on 15' day of February, 2018 by the following vote:
AYES: Radford, Spreen, Corrigan, Waldeck, Wu
NOES: None
ABSTAIN: None
ABSENT: None
A,
BY: /
/John Radford, Mayor
ATTEST:
�, -%-
Deborah Padovan, City Clerk
2925951.1
Resolution 15.18 Page I