HomeMy WebLinkAbout2009 CON Meyers Nave Professional Law - Amendment #1 Labor Negotiations POAt
FIRST AMENDMENT TO
AGREEMENT FOR LEGAL SERVICES
This First Amendment to the Agreement by and between the City of National City and
Meyers Nave Professional Law Corporation, ("Meyers Nave") is entered into this th day of
September, 2009, by and between the City of National City and Meyers Nave.
RECITALS
WHEREAS, the City of National City [City] and Meyers Nave previously entered into an
agreement entitled Agreement by and between the City of National City and Meyers Nave
Professional Law Corporation [Agreement], dated Avigsf /8 , 2009, for Meyers Nave to provide
legal services related to labor negotiations to the City;
WHEREAS, that Agreement provides that the City of National City determines the Scope
of Services to be performed by Meyers Nave;
WHEREAS, the City now seeks to increase the Scope of Work originally undertaken and
Meyers Nave seeks to perform this increased work; and,
WHEREAS, the City and Meyers Nave have negotiated and agreed upon the additional
compensation associated with this increased work.
AGREEMENT
NOW, THEREFORE, the City and Meyers Nave agree as follows:
1. This First Amendment increases the Scope of Work specified in the Agreement to
add the following to Article 2 of the Agreement: provide consultation and advice as
needed in the area of labor relations; advise City on legal issues as needed in the
interpretation and application of the terms of the City's various memorandums of
understanding with its labor organizations; and, advise the City on the development
or revision of policies in a manner consistent with current labor trends and labor law.
2. Article 3, paragraph C contains a not to exceed amount of $25,000 which the parties
are increasing by way of this First Amendment by an additional twenty-five
thousand dollars ($25,000) for a new total amount not to exceed fifty -thousand
dollars ($50,000).
3. Article 12 sets for the term of the Agreement and contains a provision allowing for
the extension of the Agreement in one-year increments, upon the agreement of the
parties. This First Amendment exercises the option and extends the Agreement
through December 31, 2010.
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4. All terms and conditions of the Agreement not changed by this First Amendment
shall remain in full force and effect.
IN WITNESS THEREOF, the parties hereto have executed this First Amendment on the
date and year first written above.
CITY OF NATIONAL CITY
By:
Ron Morrison
Mayor
Approved as to form:
.73
George H. Eiser, III
City Attorney
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MEYERSNAVE
PROFESSIONAL LAW CORPORATION
By:
By:
Name:
Title:
Jayne W. Williams
Managing Principal
RESOLUTION NO. 2009 - 200
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE
AN AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF NATIONAL CITY AND MEYERS
NAVE PROFESSIONAL LAW CORPORATION
IN THE NOT TO EXCEED AMOUNT OF
$25,000 FOR LEGAL SERVICES PERTAINING
TO LABOR NEGOTIATIONS
WHEREAS, the City desires to retain a law firm to provide legal assistance in
representing the City in labor negotiations; and
WHEREAS, the legal services would include assistance in the negotiation,
drafting and implementation of MOU's, including proactively providing advice on current legal
trends and issues related to labor negotiations and agreements, and providing consultation as
needed in the area of labor relations; and
WHEREAS, the Meyers Nave Professional Law Corporation (the "Firm") is well -
qualified to provide the legal services desired by the City, has provided a high quality of legal
services to the City in the past, and is willing to provide the services currently sought by the City;
and
WHEREAS, an Amendment to the existing agreement between the City and the
Firm has been proposed whereby the Firm would provide the aforementioned services through
December 31, 2009 with an option to extend for three years upon mutual agreement of both
parties, in the not -to -exceed amount of $25,000, for a total not to exceed amount under the
existing agreement and the Amendment of $50,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an Amendment to the existing agreement
with the Meyers Nave Professional Law Corporation to provide, at a not -to -exceed cost of
$25,000, legal services pertaining to labor negotiations, for a total not to exceed amount of
$50,000. Said Amendment is on file in the office of the City Clerk.
PASSED and ADOPTED this 18' day of August, 2009.
ATTEST:
/!
Mich el R. DallaCity Clerk
on Morrison, Mayor
APPROVED AS TO FORM:
George H. Eiser, 111
City Attorney
Passed and adopted by the Council of the City of National City, California, on August
18, 2009 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
hifjj
City Cle k of the City of N4
tional City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2009-200 of the City of National City, California, passed and
adopted by the Council of said City on August 18, 2009.
City Clerk of the City of National City, California
By:
Deputy
Cao0v- Sa
City of National City, California
COUNCIL AGENDA STATEMENT
EETING DATES 08-18-09
AGENDA ITEM NO.
12
(-ITEM TITLE
Resolution of the City Council of the City of National City Amending the Agreement Between The
City Of National City And Meyers Nave Professional Law Corporation Expanding the Scope of
Services and Adding a Not to Exceed Limit of $25,000 For Labor Negotiator Legal Services
DEPARTMENT
(336-4308) Human Resources
EXPLANATION
Meyers Nave Professional Law Corporation (Meyers Nave) was engaged under the City Manager's
authority in February, 2009. The agreement set forth a scope of work that includes the full range of
duties associated with representing the City as the Lead Negotiator in the City's labor negotiations with
the Police Officers' Association at a not to exceed dollar value of $25,000. Said negotiations have been
protracted necessitating expenditures beyond what was originally anticipated.
In addition to the above, prior to entering this agreement with Meyers Nave, the City of National City
utilized the services of another law firm for twenty years. Moving to a new firm provided some
uncertainty. Now satisfied with the services offered by Meyers Nave, the City Manager seeks to
expand the scope to include the ability to utilize Meyers Nave in other labor negotiations and to seek
generalized labor relations support and consultation as needed. This amendment will add an additional
$25,000 to the not to exceed limit for a total of $50,000
Environmental Review ✓ N/A
Financial Statement
Legal services will be billed on an hourly basis. $25,000 has already been authorized. This amendment is
for an additional $25,000 for a total not to exceed amount of $50,000.
Account No. 001 409 000 213
STAFF RECOMMENDATION
Authorize the Mayor to execute an amendment to the agreement between the City of National City and
Meyers Nave Professional Law Corporation for legal services.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
Agreement for Legal Services
l
A-200 (9/80)
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Dalla, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
August 25, 2009
Mr. Eddie Kreisberg
Meyers Nave Professional Law Corp.
575 Market Street, Suite 2600
San Francisco, CA 94105
Dear Mr. Kreisberg,
On August 18th, 2009, Resolution No. 2009-200 was passed and adopted by the
City Council of the City of National City, authorizing execution of First
Amendment to Agreement with Meyers Nave Professional Law Corp.
We are forwarding a certified copy of the above Resolution and two partially
executed original Amendments. Please return one fully executed original
Amendment to us for our files.
Sincerely,
Michael R. Della, CMC
City Clerk
Enclosures
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