HomeMy WebLinkAboutAgreement for City Attorney Services - Amendment #7 r
410 1.10 ORIGINAL
AMENDMENT NO. 7 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, the'Town estimates that it will need approximately 35 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 tate for the
estimated amount of basic general counsel services as defined herein, and increase the hourly
rate for special services.
Now, therefore, the parties hereby agree as follows:
1. Section 3 of the Agreement is hereby amended to read as follows:
"3. Legal Fees. TOWN shall pay MEYERS NAVE$8,000 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;
S
• 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*loyal, 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.
IMO V
For specialized legal services including labor and personnel issues,
telecommunications issues, legal work associated with land use applications which are
subject to cost recovery by the Town, and all litigation, except tort litigation coordinated
through ABAG, TOWN will pay MEYERS NAVE $272.00 per hour. fort litigation will be
billed at the established ABAG rates. Paralegal work associated with these specialized
services will be billed at the$118.00 per hour."
2. Except as amended herein, all other terms of the Agreement shall remain in full
force and effect.
3. This Amendment No. 7 shall take effect as of November 1, 2013. The parties retain
the right to revisit the terms of this amendment in the six months following the effective
date.
TOWN OF LOS (ALTOS HILLS
Date: 12/O 7 013
By: C.1.. Q
Carl Cahill, City Manager
Approved as to form:
Special ounsel for Town of Los Altos Hills
MEYERS NAVE
Date: 11 2'v 15
By: .J
Steven T. Mattas,Principal
2192559.1
• •
RESOLUTION NO. 59-13
A RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS APPROVING AMENDMENT NO 7 TO THE
AGREEMENT FOR CITY ATTORNEY SERVICES BETWEEN MEYERS
NAVE AND THE TOWN OF LOS ALTOS HILLS
WHEREAS,the City Council has previously approved a professional services
agreement with Meyers Nave and six amendments to that agreement;
WHEREAS,the City Council and Meyers Nave desire to further amend that
agreement;
NOW, THEREFORE,the City Council of the Town of Los Altos Hills does hereby
approve Amendment No. 7 to the Agreement for City Attorney Services Agreement between
Meyers,Nave, Riback, Silver&Wilson and the Town of Los Altos Hills and also authorizes the
City Manager to execute Amendment No. 7 on behalf of the Town.
The above and foregoing resolution was passed and adopted by the City Council of the Town of
Los Altos Hills at a special meeting held on the 5th day of November, 2013 by the following
vote:
AYES: Waldeck, Corrigan, Harpootlian, Larsen, Radford
NOES: None
ABSTAIN: None
ABSENT: None
By. 04/-eddi
Gary Waldeck, Mayor
ATTEST:
ins
Deborah Padovan, City Clerk
Resolution 59-13