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HomeMy WebLinkAbout2019 CON Meyers Nave Riback, Silver and Wilson - Legal ServicesFIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MEYERS NAVE RIBACK, SILVER & WILSON, PLC This First Amendment ("Amendment") to the Agreement by and between the City of National City and MEYERS NAVE RIBACK, SILVER & WILSON, PLC, a professional law corporation, is entered into this 22nd day of January 2019, by and between the City of National City, a municipal corporation (the "CITY") and MEYERS NAVE RIBACK, SILVER & WILSON, PLC, a professional law corporation ("FIRM"). RECITALS WHEREAS, the parties entered into the February 12, 2018 Agreement ("Agreement") for certain labor -related legal services to be provided by the FIRM to the CITY. WHEREAS, the Agreement was executed by the City Manager pursuant to her authority under the National City Municipal Code. WHEREAS, Article 3.C. of the Agreement provided that payment to FIRM shall not exceed $50,000. WHEREAS, labor negotiations proceeded longer than anticipated causing FIRM to render legal services that exceeded the not -to -exceed amount by $37,839. WHEREAS, the parties wish to amend Article 3.C. of the Agreement to increase the not -to - exceed amount in order to pay FIRM the $37,839 for past services rendered under the 2018 Agreement. WHEREAS, labor negotiations are ongoing for several employee bargaining units. WHEREAS, the CITY estimates an additional $62,161 is required to pay FIRM to finalize labor negotiations with all remaining employee bargaining units. WHEREAS, the CITY wishes to increase the not -to -exceed amount by $100,000, for a total not -to -exceed amount of $150,000. WHEREAS, the increase in the not -to -exceed amount requires City Council approval as it exceeds the City Manager authority under the National City Municipal Code NOW, THEREFORE, the parties agree as follows: [continued to next page] AGREEMENT NOW THEREFORE, the parties hereto agree as follows: 1. Article 3.C. of the Agreement entered into on February 12, 2018 shall be amended to increase the not -to -exceed amount by $100,000, for a total not -to -exceed amount of $150,000. 2. The parties further agree that with the foregoing exception, each and every term of the February 12, 2018 Agreement 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: APPROVED AS TO FORM: Angil P. Morris -Jones City . ey By: 1Robe o M. Contreras Deputy City Attorney MEYERS NAVE RIBACK, SILVER & WILSON, A PROFESSIONAL LAW CORPORATION By: _ Gina Roccanova, LEG Group Leader By: Edward Kreisberg, Principal First Amendment to 2018 Agreement 2 City of National City and January 2019 Meyers Nave AGREEMENT NOW THEREFORE, the parties hereto agree as follows: 1. Article 3.C. of the Agreement entered into on February 12, 2018 shall be amended to increase the not -to -exceed amount by $100,000, for a total not -to -exceed amount of $150,000. 2. The parties further agree that with the foregoing exception, each and every term of the February 12, 2018 Agreement 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: Alejanr- 'r- Vilis Mayor APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Rol%rto M.`Contreras Deputy City Attorney MEYERS NAVE RIBACK, SILVER & WILSON, A PROFESSIONAL LAW CORPORATION By: By: Gina Roccanova, LEG Group Leader Edward Kreisberg, Princip First Amendment to 2018 Agreement 2 City of National City and January 2019 Meyers Nave PASSED and ADOPTED this 22nd day of January 019 A► MAIM -jan. ra • :5. RESOLUTION NO. 2019 — 6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND MEYERS NAVE RIBACK SILVER & WILSON, A PROFESSIONAL LAW CORPORATION, TO INCREASE THE NOT TO EXCEED AMOUNT BY $100,000, FOR A TOTAL NOT TO EXCEED AMOUNT OF $150,000, FOR LABOR -RELATED LEGAL SERVICES, AND APPROVING AN APPROPRIATION IN THE AMOUNT OF $60,000 TO THE GENERAL FUND NON -DEPARTMENTAL PROFESSIONAL SERVICES FROM THE GENERAL FUND FUND BALANCE WHEREAS, on February 12, 2018, the City of National City entered into an Agreement with Meyers Nave Riback Silver & Wilson for the not to exceed amount of $50,000 for labor -related legal services; and WHEREAS, because labor negotiations are ongoing, additional funds are necessary to finalize labor negotiations with all remaining bargaining units; and WHEREAS, the parties desire to enter into a First Amendment to the Agreement to increase the not to exceed amount by $100,000, for a total not to exceed amount of $150,000, to finalize labor negotiations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves and authorizes the Mayor to execute a First Amendment to the Agreement with Meyers Nave Riback Silver & Wilson to increase the not to exceed amount by $100,000, for a total not to exceed amount of $150,000, for labor -related legal services. Said Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council approves an appropriation in the amount of $60,000 to the General Fund Non -Departmental Professional Services from the General Fund fund balance. ATTEST: iL /94 Michael R. Dalla, ity Clerk APPROVED AS TO FORM: o r' -Jones ttorney STh Mayor Passed and adopted by the Council of the City of National City, California, on January 22, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-06 of the City of National City, California, passed and adopted by the Council of said City on January 22, 2019. t Clerk of the it �f City y National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT L2oIt�-1,,S'" MEETING DATE: January 22, 2019 AGENDA ITEM NO.16 'EM TITLE: Resolution of the City Council of the City of National City for approving a First Amendment to the Agreement between the City of National City and Meyers Nave, Riback, Silver & Wilson, a Professional Law Corporation for legal services in the specialized area of labor law for the not to exceed amount of a total of $150,000 and approving an appropriation in the amount of $60,000 to the General Fund Non -Departmental Professional Services from the General Fund fund balance. PREPARED BY: Irene Mosley DEPARTMENT: Human Resources PHONE: 336-4308 APPROVED BY: EXPLANATION: The City of National City engages outside legal support for some specialized areas. Since August, 2009, Meyers Nave, Riback, Silver & Wilson, a Professional Law Corporation has served as the City's subject matter expert in the area of labor law. In February 2018, the City entered into an agreement with Meyers Nava Professional Law Corporation to provide support to the City Council, City Manager and staff in performing such functions as the full range of services related to the negotiation, drafting and implementation of agreements with employee labor associations and proactively advising on current legal trends and issues related to labor negotiations and agreements. The Meyers Nave, Riback, Silver & Wilson firm has been instrumental in providing support to the City through the labor negotiation process with its three formal labor groups. A labor agreement was reached with one of the City's three labor groups while two are still pending. An amendment to the agreement is needed to allow the firm to assist City staff in completing that process with the remaining labor groups and cover services incurred in excess of the >revious 2018 agreement with Meyers Nave, Riback, Silver & Wilson. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: This appropriation requires the use of General Fund unassigned fund balance of $60,000. Approval of this request will increase the fiscal -year-to-date authorized use of General Fund unassigned fund balance from $4,255,969 to $4,315,969. ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt the resolution authorizing 1) authorizing a First Amendment to the Agreement between the City of National City and Meyers Nave, Riback, Silver & Wilson, a Professional Law Corporation for legal services in the specialized area of labor law for the not to exceed amount of a total of $150,000 and 2) approving an appropriation in the amount of $60,000 to the General Fund Non -Departmental Professional Services from the General Fund fund balance. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: esolution Agreement I� s o%Bair► 7W -1e/9 - 4, FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MEYERS NAVE RIBACK, SILVER & WILSON, PLC This First Amendment ("Amendment") to the Agreement by and between the City of National City and MEYERS NAVE RIBACK, SILVER & WILSON, PLC, a professional law corporation, is entered into this 22nd day of January 2019, by and between the City of National City, a municipal corporation (the "CITY') and MEYERS NAVE RIBACK, SILVER & WILSON, PLC, a professional law corporation ("FIRM"). RECITALS WHEREAS, the parties entered into the February 12, 2018 Agreement ("Agreement") for certain labor -related legal services to be provided by the FIRM to the CITY. WHEREAS, the Agreement was executed by the City Manager pursuant to her authority under the National City Municipal Code. WHEREAS, Article 3.C. of the Agreement provided that payment to FIRM shall not exceed $50,000. WHEREAS, labor negotiations proceeded longer than anticipated causing FIRM to render legal services that exceeded the not -to -exceed amount by $37,839. WHEREAS, the parties wish to amend Article 3.C. of the Agreement to increase the not -to - exceed amount in order to pay FIRM the $37,839 for past services rendered under the 2018 Agreement. WHEREAS, labor negotiations are ongoing for several employee bargaining units. WHEREAS, the CITY estimates an additional $62,161 is required to pay FIRM to finalize labor negotiations with all remaining employee bargaining units. WHEREAS, the CITY wishes to increase the not -to -exceed amount by $100,000, for a total not -to -exceed amount of $150,000. WHEREAS, the increase in the not -to -exceed amount requires City Council approval as it exceeds the City Manager authority under the National City Municipal Code NOW, THEREFORE, the parties agree as follows: [continued to next page] AGREEMENT NOW THEREFORE, the parties hereto agree as follows: 1. Article 3.C. of the Agreement entered into on February 12, 2018 shall be amended to increase the not -to -exceed amount by $100,000, for a total not -to -exceed amount of $150,000. 2. The parties further agree that with the foregoing exception, each and every term of the February 12, 2018 Agreement 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 MEYERS NAVE RIBACK, SILVER & WILSON, A PROFESSIONAL LAW CORPORATION By: By: Alejandra Sotelo-Solis Gina Roccanova, LEG Group Leader Mayor APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Roberto M. Contreras Deputy City Attorney First Amendment to 2018 Agreement By: Edward Kreisberg, Principal 2 City of National City and January 2019 Meyers Nave RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND MEYERS NAVE RIBACK SILVER & WILSON, A PROFESSIONAL LAW CORPORATION, TO INCREASE THE NOT TO EXCEED AMOUNT BY $100,000, FOR A TOTAL NOT TO EXCEED AMOUNT OF $150,000, FOR LABOR -RELATED LEGAL SERVICES, AND APPROVING AN APPROPRIATION IN THE AMOUNT OF $60,000 TO THE GENERAL FUND NON -DEPARTMENTAL PROFESSIONAL SERVICES FROM THE GENERAL FUND FUND BALANCE WHEREAS, on February 12, 2018, the City of National City entered into an Agreement with Meyers Nave Riback Silver & Wilson for the not to exceed amount of $50,000 for labor -related legal services; and WHEREAS, because labor negotiations are ongoing, additional funds are necessary to finalize labor negotiations with all remaining bargaining units; and WHEREAS, the parties desire to enter into a First Amendment to the Agreement to increase the not to exceed amount by $100,000, for a total not to exceed amount of $150,000, to finalize labor negotiations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves and authorizes the Mayor to execute a First Amendment to the Agreement with Meyers Nave Riback Silver & Wilson to increase the not to exceed amount by $100,000, for a total not to exceed amount of $150,000, for labor -related legal services. Said Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council approves an appropriation in the amount of $60,000 to the General Fund Non -Departmental Professional Services from the General Fund fund balance. PASSED and ADOPTED this 22nd day of January, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk MEYERS NAVE RIBACK, SILVER & WILSON, PLC Labor -Related Legal Services Amendment #1 Lizza Rojas (Human Resources) forwarded a duplicate original Agreement to Meyers Nave Riback, Silver & Wilson, PLC.