September 24, 2024
City Attorney's Office
DATE: September 24, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Subject:
Fifth Amendment to the Legal Services Agreement with
Newdorf Legal
FINANCIAL IMPACT: This legal services agreement will increase the compensation by $150,000 for a total amount not to
exceed amount of $400,000 with term ending June 30,
2025. The contract will be paid from the Risk
Management General Liability Fund Account: 50182316-
400554.
PREVIOUS COUNCIL
ACTION:
June 6, 2020
October 5, 2021
STATEMENT OF THE
ISSUE:
A Fifth Amendment to the legal services agreement with
Newdorf Legal is needed to handle current and future
municipal law litigation matter(s) and appeal(s).
RECOMMENDED ACTION: APPROVE a fifth amendment to the legal services agreement with Newdorf Legal for $150,000 for a total
amount not to exceed $400,000 and term ending June
30, 2025 – City Attorney’s Office (Shannon Moore 510-
620-6509).
AGENDA
REPORT
September 24, 2024
DISCUSSION:
The City Attorney’s Office requests a fifth amendment to the legal services agreement with Newdorf Legal to handle current and future municipal law litigation matter(s) and appeal(s). Newdorf Legal represents individuals, businesses , and public entities. The managing Partner, David Newdorf, has taken numerous cases to trial in state and federal court, handled arbitrations and mediations, and briefed and argued major appeals in the California Court of Appeal and the U.S. Court of Appeals for the Ninth Circuit.
Newdorf’s rates are as follows: Partner(s) $295/hour; Associate(s) $275/hour; Paralegal(s) $120/hour. The City Attorney’s Office is requesting that the City enter a fifth amendment to the contract with Newdorf Legal for $150,000 for a total contract amount not exceeding $400,000 for a contract term ending June 30, 2025.
DOCUMENTS ATTACHED:
Attachment 1 – Fifth Amendment to the Legal Services
Agreement with Newdorf (proposed)
Attachment 2-- Fourth Amendment to the Legal Services
Agreement with Newdorf
Attachment 3 – Third Amendment to the Legal Services
Agreement with Newdorf Original Legal Services Agreement with Newdorf
Attachment 4 – Second Amendment to the Legal Services
Agreement with Newdorf
Attachment 5 – First Amendment to the Legal Services
Agreement with Newdorf
Attachment 6 – Original Legal Services Agreement with Newdorf